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Patna High Court

Anuj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail subject to bond, sureties and verification of the petitioners' criminal antecedent.

Summary

Anuj Kumar and Raja Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, alleging that the liquor recovered was from a hut not belonging to them and that the case was based solely on a confessional statement made by Neeraj in police custody. They contended they have a clean antecedent and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court granted provisional anticipatory bail subject to a bond of Rs. 500 and two sureties, directing the trial court to verify the petitioners' criminal antecedent and conditionally confirm the bail if no antecedent is found, otherwise it would be withdrawn. The order emphasizes verification of antecedent before confirming bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is disputed.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the grant of anticipatory bail.
  • Whether a confessional statement made in police custody, lacking evidentiary value, can justify arrest.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29980 of 2026
                    Arising Out of PS. Case No.-92 Year-2026 Thana- CHAKIA District- East Champaran
                 ======================================================
           1.     Anuj Kumar S/o Surendra Paswan R/o Village - Hindu Chakia, P.S - Chakia,
                  District - East Champaran
           2.    Raja Kumar S/o Rambabu Mahto R/o Village - Hindu Chakia, P.S - Chakia,
                 District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Suraj Kumar Tiwari
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-05-2026               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 the

                   petitioners are persons with clean antecedent but at para-5 of the

                   order impugned, it is wrongly recorded that petitioners have

                   antecedent of one case. It is next submitted that allegation is of

                   recovery of 294.52 litres of liquor from a hut near the house of

                   Niraj.

                             4.    Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.29980 of 2026(2) dt.06-05-2026
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          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and even the alleged

          recovery is from a hut which does not belong to the petitioners

          but then they came to be implicated based on confessional

          statement of Neeraj 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. 500/- (Rupees Five Hundred) 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 Chakia P.S. Case No. 92 of 2026, subject to

          the conditions as laid down under Section 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 petitioners have antecedent of even one
              Patna High Court CR. MISC. No.29980 of 2026(2) dt.06-05-2026
                                                          3/3




                        case then it would be presumed that petitioners, for the purposes of

                        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 petitioners are 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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