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Patna High Court

Arun SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted in the absence of proven conscious possession, subject to a bail bond, sureties and verification of the petitioner’s antecedent under Section 482(2) of the B.N.S.S.

Summary

Arun Sahni applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 35 litres of liquor from his joint‑family house. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the post‑2018 amendment to the Excise Act has abolished the doctrine of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and the conditions of Section 482(2) of the B.N.S.S. The order was made conditional: if any antecedent is discovered, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted when alleged possession of liquor is not proven and the doctrine of deemed possession has been abolished.
  • Whether the petitioner is entitled to provisional bail pending verification of his criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition and excise
  • deemed possession
  • joint family property
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90451 of 2025
                   Arising Out of PS. Case No.-188 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Arun Sahni S/O Bhikhari Sahni R/O Mohalla- Tengari Tola Dhaphar, P.S.-
                 Siwaipatti, District- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                    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 Act.

                                  3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 35 litres of liquor from the 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.90451 of 2025(2) dt.08-01-2026
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          the year 2018, the concept of deemed possession and presumed

          offender has been done away with and petitioner came to be

          implicated based on secret information which is the easiest way

          to implicate someone without holding a proper investigation.

                        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 the learned Exclusive

          Special Judge Excise Court No.-III, Muzaffarpur in connection

          with Siwaipatti P.S. Case No.188 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 bonds of the petitioner shall verify

          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
               Patna High Court CR. MISC. No.90451 of 2025(2) dt.08-01-2026
                                                           3/3




                         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.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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