Patna High Court
Dharmendra Kumar Sah @ Dharmendra Kumar @ Dharmendra SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, and stipulated that confirmation of bail depends on the outcome of that verification.
Summary
The petitioner, Dharmendra Kumar Sah, sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Non‑Transportable Substances Act and Section 30(a) of the Bihar Excise Act, alleging that 24 litres of liquor were recovered from a motorcycle not owned by him and that the only evidence against him was a confessional statement of a co‑accused made in police custody. He contended he had a clean antecedent and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the confessional statement inadmissible. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs. 500 with two sureties and subject to verification of his criminal antecedent. If any prior case is found, the bail will not be confirmed; if his antecedent remains clean, the provisional bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a confessional statement of a co‑accused made in police custody.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the offences alleged.
- Whether the petitioner is entitled to provisional anticipatory bail pending verification of his criminal antecedent.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Non-Transportable Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- confessional statement
- deemed possession
- presumed offender
- Bihar Excise Act
- clean antecedent
- provisional bail
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32042 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- ANDHRAMATH District- Madhubani
======================================================
Dharmendra Kumar Sah @ Dharmendra Kumar @ Dharmendra Sah S/O
Srilal Sah @ Sri Lal Sah R/O Village-Saroja Belha, PS- Marauna, District-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Ramesh Chandra
======================================================
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 offences punishable under Sections 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 24 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Ranjeet in police custody which does
Patna High Court CR. MISC. No.32042 of 2026(2) dt.13-05-2026
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not have any evidentiary value. It is next 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Andharamath P.S. Case No. 30 of 2026, subject
to the conditions as laid down under Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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