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Patna High Court

Saroj Kumar @ Saroj SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.

Summary

The petitioner, Saroj Kumar, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 22.315 litres of liquor from a public place. He contended that no liquor was found in his possession and that the case was based solely on a confessional statement made by an accused in police custody, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act had abolished the doctrines of deemed possession and presumed offender, and that the police were mechanically implicating individuals without proper investigation. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail. If more than three prior cases are found, the bail would not be confirmed; otherwise it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged offence is based on a confessional statement of an accused in police custody.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act has eliminated the concepts of deemed possession and presumed offender.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32950 of 2026
                      Arising Out of PS. Case No.-97 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Saroj Kumar @ Saroj Sah S/O Late Bindeshwar Sah R/O Village- Basopatti,
                 P.S- Basopatti, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bhavesh Kumar Sah
                 For the Opposite Party/s :         Mr. Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which, one case

                   is under the Excise Act and allegation is of recovery of 22.315

                   litres of liquor from a place behind Raj Hotel.                         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 place which does not belong to the

                   petitioner and is accessible to public at large and he came to be

                   implicated based on confessional statement of apprehended
Patna High Court CR. MISC. No.32950 of 2026(2) dt.14-05-2026
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          accused in police custody 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. It is also submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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.15,000/- (Rupees fifteen 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 Sadar Excise P.S. Case No.97/2026, 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
             Patna High Court CR. MISC. No.32950 of 2026(2) dt.14-05-2026
                                                         3/3




                       event if it is found that petitioner has antecedent of more than

                       three cases, 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 has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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