Patna High Court
Sonelal Kumar @ Sonelal RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions imposed.
Summary
Sonelal Kumar sought anticipatory bail after being implicated in a case under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 15 litres of liquor recovered from Shobhnath Ray. The petitioner argued that he had no clean possession, the recovery was from another person, and the confessional statement of Shobhnath made in police custody was not admissible. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a six‑week window for surrender, directing the trial court to verify the petitioner’s criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act, 2016.
- Whether the amendment of 2018 eliminating deemed possession and presumed offender affects the bail application.
- Whether a confessional statement made in police custody can be the basis for arrest.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 37(c)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31874 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
Sonelal Kumar @ Sonelal Ray S/o Akalesh Ray R/o Village - Khajuhata, PS -
Dariyapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a), 37(c)
of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 15 litres of liquor from possession of Shobhnath
Ray. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from Shobhnath with
whom petitioner has no relation or concern but then he came to
be implicated based on confessional statement of Shobhnath in
police custody which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.31874 of 2026(2) dt.12-05-2026
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also submitted that after amendment in the Excise Act in the
year 2018, the concept of deemed possession and presumed
offender has been done away with.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Dariyapur P.S. Case No.113/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.31874 of 2026(2) dt.12-05-2026
3/3
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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