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Patna High Court

Arjun Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to bond, sureties and verification of antecedent under Section 482(2) of the BNSS.

Summary

Arjun Kumar Sah sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 63.81 litres of liquor from a motorcycle and a bag. He contended that he neither owned the vehicle nor possessed the bag and that the case against him was based solely on confessional statements of co‑accused, which he argued lacked evidentiary value. The petitioner also relied on the 2018 amendment to the Excise Act, which abolished the concepts of deemed possession and presumed offender. The Court examined these submissions and, noting the absence of direct possession and the questionable basis of the accusation, granted provisional anticipatory bail subject to a bond of Rs. 5,000 and two sureties, with verification of any prior criminal antecedent. The order was made under Section 482(2) of the BNSS and stipulated that confirmation of the bail would depend on the trial court’s findings regarding the petitioner’s antecedent.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence under Section 30(a) of the Bihar Excise Act is based on alleged possession without actual recovery from the accused.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the grant of anticipatory bail.
  • Whether confessional statements of co‑accused can alone justify arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • Section 30(a)
  • Bihar Excise Act
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32804 of 2026
                     Arising Out of PS. Case No.-226 Year-2025 Thana- ASHOK PAPER MILL District-
                                                        Darbhanga
                 ======================================================
                 Arjun Kumar Sah S/o Ram Babu Sah R/o - Ward- 48, Lehri Tola, Pandasarai,
                 Balbhadarpur, Laheriasarai , P.S.- Laheriasarai, District- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Gulfeshan
                 For the Opposite Party/s :      Mr.Kanhiya Kishor
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 63.81 litres of liquor from a

                   motorcycle and a bag.

                             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 petitioner has no concern with the bag
Patna High Court CR. MISC. No.32804 of 2026(2) dt.13-05-2026
                                            2/3




          and he came to be implicated based on confessional statement of

          Azaz and Zakir in police custody which does 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. It

          is further submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                   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 before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (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 Ashok

          Paper Mill P.S. Case No. 226 of 2025, subject to the conditions

          as laid down under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.32804 of 2026(2) dt.13-05-2026
                                                          3/3




                                 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 more

                        than 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 has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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