Patna High Court
Saroj Kumar @ Saroj SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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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