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Patna High Court

Sachin Sahani @ Sachin KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of criminal antecedents, with confirmation contingent on the absence of concealed prior cases.

Summary

The petitioners, Sachin Sahani and Ankit Kumar, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 69 litres of liquor from a motorcycle. They argued that they were not in conscious possession, were not owners of the vehicle, and that the case against them relied solely on a confessional statement made by another accused in police custody, which they claimed lacked evidentiary value. They further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the filing of bail bonds and two sureties, and directed the trial court to verify the petitioners' criminal antecedents. The order stipulated that if petitioner 1 is found to have more than one prior case or petitioner 2 any prior case, the bail would not be confirmed for the respective petitioner; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused deny conscious possession and ownership.
  • Whether a confessional statement of an accused in police custody can form the basis for arrest in the absence of other evidence.
  • Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33148 of 2026
                    Arising Out of PS. Case No.-119 Year-2026 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Sachin Sahani @ Sachin Kumar S/O Sanjay Sahani Resident of Vill.-
                  Parsauni, P.S - PatahidIST- East Champaran
           2.    Ankit Kumar S/O Pramod Kumar Resident of Vill.- Parsauni, P.S - Patahi,
                 Dist - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :       Mr.Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 is a person with clean antecedent and

                   allegation is of recovery of 69 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.33148 of 2026(2) dt.14-05-2026
                                            2/3




          owners of the seized vehicle and they came to be implicated

          based on confessional statement of apprehended-accused 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.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender 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)

          each 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 Dhaka P.S. Case No. 119 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 petitioners and in the

          event if it is found that petitioner no. 1 has antecedent of more

          than one case and petitioner no. 2 has antecedent of even one

          case then it would be presumed that petitioners, for the purposes of
              Patna High Court CR. MISC. No.33148 of 2026(2) dt.14-05-2026
                                                          3/3




                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioner no. 1 has antecedent of one case and

                        petitioner no. 2 is a 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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