Patna High Court
Sanjay Besra @ Sanjeev Besra @ Chhajju BesraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of criminal antecedents.
Summary
The petitioner, Sanjay Besra, sought anticipatory bail fearing arrest in a case under Sections 274, 275, 277 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged liquor seizure was from a house not owned by him and based solely on a confession made by Jairani Devi in police custody. The petitioner argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the allegations weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, making the bail conditional on the findings. If more than one antecedent is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The order was issued under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail is warranted in a case under Sections 274, 275, 277 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender.
- Whether the confession of Jairani Devi made in police custody can be the sole basis for implicating the petitioner.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 277, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- deemed possession
- presumed offender
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31968 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- Champanagar District- Purnia
======================================================
Sanjay Besra @ Sanjeev Besra @ Chhajju Besra S/o Late Sanjhla Besra R/o
Village - Prasadpur Beldari Ward No. 5, PS - Champa Nagar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 274, 275,
277 of BNS and 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 64 litres of liquor from house of
Jairani Devi. 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 a house which
does not belong to the petitioner and petitioner has no concern
or relation with Jairani Devi and he came to be implicated based
on confessional statement of Jairani Devi in police custody
Patna High Court CR. MISC. No.31968 of 2026(2) dt.13-05-2026
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which does not have any evidentiary value. It is 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.5000/- (Rupees five thousand) 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 Champa Nagar P.S. Case No.152/2025, 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 more than
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
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on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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