Created by Fuzzy Cloud

Patna High Court

Baiju SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.

Summary

Petitioner Baiju Sah sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging that 47.07 litres of liquor were recovered from his jointly‑owned house. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and that the alleged possession was in a joint family property, making it uncertain that he knew of the liquor. The prosecution’s case relied on a confessional statement by Sanju Devi, the petitioner's wife, made while in police custody, which the petitioner contended was coerced and thus inadmissible. The court considered the amendment removing the doctrine of deemed possession and presumed offender, and noted the petitioner’s clean antecedent. It granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, verification of antecedents, and a condition to deposit Rs.1,500 with the Advocates’ Association, pending confirmation of the order.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the confessional statement of the petitioner’s wife made in police custody is admissible.
  • Whether the doctrine of deemed possession applies after the 2018 amendment to the Excise Act.
  • Whether joint family ownership of the premises negates the petitioner’s liability.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • excise law
  • confessional statement
  • joint family property
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3543 of 2026
                   Arising Out of PS. Case No.-131 Year-2025 Thana- ANGARGHAT District- Samastipur
                 ======================================================
                 Baiju Sah Son of Late Sajani Sah Resident of village - Supaul, Police Station
                 - Angarghat, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 47.07 litres of liquor from house of the petitioner. It

                   is next submitted that petitioner was not arrested from the spot,

                   as such, nothing was recovered from his conscious possession

                   and the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was petitioner who had

                   kept the liquor in the house or the liquor kept in the house was

                   within his knowledge and after amendment in the Excise Act in
Patna High Court CR. MISC. No.3543 of 2026(2) dt.29-01-2026
                                            2/3




          the year 2018, the concept of deemed possession and presumed

          offender has been done away with and he came to be implicated

          based on confessional statement of Sanju Devi in police

          custody, which does not have any evidentiary value. It is also

          submitted that Sanju Devi is wife of the petitioner and she was

          made to confess the name of the petitioner in police custody,

          when petitioner admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Court

          of learned Special Judge Excise-I, Samastipur in connection

          with Angarghat P.S. Case No.131 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.3543 of 2026(2) dt.29-01-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.