Patna High Court
Amarnath SahaniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to Ram Janam Sahani subject to bond and conditions, and dismissed the anticipatory bail application as withdrawn for Amarnath and Prabhu Sahani.
Summary
The petitioners Amarnath, Ram Janam and Prabhu Sahani filed an anticipatory bail application in a case involving alleged offences under the Bihar Prohibition and Excise Act, 2016 and the Bihar Narcotic Substances Act, 2023. The petitioners sought to withdraw the application for Amarnath and Prabhu, which the court permitted, dismissing their part of the application. Ram Janam Sahani argued that the liquor recovered was in a joint family house, that he had no conscious possession, and that the amended excise law had done away with the concept of deemed possession. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail to Ram Janam Sahani on a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal antecedents, while dismissing the application as withdrawn for the other two petitioners.
Issues considered
- Whether the anticipatory bail application of petitioners Amarnath and Prabhu Sahani can be withdrawn.
- Whether petitioner Ram Janam Sahani is entitled to anticipatory bail for alleged offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 274 and 275 of the B.N.S., 2023.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S., 2023 — s. 274, 275
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- deemed possession
- joint family property
- provisional bail
- Section 482
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89841 of 2025
Arising Out of PS. Case No.-301 Year-2025 Thana- RAJEPUR District- East Champaran
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1. Amarnath Sahani son of Dharishan Sahani Resident of Village - Ismila, Ps-
Rajepur, Dist- East Champaran
2. Ram Janam Sahani Son of Chandradeo Sahani Resident of Village - Ismila,
Ps- Rajepur, Dist- East Champaran
3. Prabhu Sahani Son of Punkal Sahani Resident of Village - Ismila, Ps-
Rajepur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar-II, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners, at the outset,
seeks permission to withdraw the anticipatory bail application
with respect to petitioners no.1 and 3, who were arrested during
pendency of the instant anticipatory bail application.
3. Permission is accorded.
4. The instant anticipatory bail application is
dismissed as withdrawn so far as petitioners no.1 and 3, namely,
Amarnath Sahani and Prabhu Sahani are concerned.
5. Petitioner No.2, namely, Ram Janam Sahani
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apprehends his arrest in a case registered for the offences
punishable under Sections 30(a) of Bihar Prohibition and Excise
Act, 2016 as well as Sections 274 and 275 of B.N.S., 2023.
6. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 15 litres of liquor from the house of
the petitioner apart from other recoveries, as detailed in the FIR.
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 the year 2018, the concept of deemed possession
and presumed offender has been done away with and he came to
be implicated based on secret information, which is the easiest
way to implicate someone. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
7. Learned A.P.P. opposes the anticipatory bail
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application.
8. Considering the submissions made by the learned
counsel for the petitioner, petitioner no.2, 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.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Court No.-3, East Champaran in connection with
Rajepur P.S. Case No.301 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
9. The application stands allowed.
10. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than 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 has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
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11. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.2500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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