Patna High Court
SANNI KUMAR RAYversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, a deposit with the Advocates’ Association, and verification of his criminal antecedents.
Summary
The petitioner, Sanni Kumar Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 22.5 litres of liquor from his joint family house. He argued that no liquor was found in his personal possession, the house is jointly owned, and the case is based solely on a confessional statement of another person taken in police custody, which he contended lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, a deposit of Rs.2,500 with the Advocates’ Association, and a verification of the petitioner’s criminal antecedents, noting that confirmation of the bail would depend on the outcome of that verification. The order was made under Section 482(2) of the B.N.S.S., directing the trial court to verify antecedents and confirm or set aside the bail accordingly.
Issues considered
- Whether a confessional statement recorded in police custody can form the basis for arrest in an excise case.
- Whether the concept of deemed possession under the 2018 amendment to the Bihar Prohibition and Excise Act applies to the petitioner.
- Whether anticipatory bail should be granted given the alleged facts and the petitioner’s prior criminal antecedent.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- joint family property
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5882 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
SANNI KUMAR RAY S/o Dilip Ray Resident of Ward no. 07, Belsandi Tara,
P.S.- Bibhutipur, Dist-Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 22.5 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
Patna High Court CR. MISC. No.5882 of 2026(2) dt.03-02-2026
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amendment in the Excise Act in 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 Mukesh in police custody which does not have any
evidentiary value. 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 before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousands) 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
Bibhutipur P.S. Case No.422/2025, 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
Patna High Court CR. MISC. No.5882 of 2026(2) dt.03-02-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, 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 one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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