Patna High Court
Arjun Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
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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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