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Patna High Court

Bholu Thakur @ Golu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent cases.

Summary

The petitioner, Bholu Thakur, sought anticipatory bail after learning that he might be arrested under Section 30(a) of the Bihar Excise Act for alleged recovery of three litres of liquor from a bag not in his possession. He argued that the recovery was linked to another individual, Lalit, whose confession in police custody should not be admissible, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the petitioner was involved in the offence. The Court granted provisional anticipatory bail, subject to a bond of Rs.5,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedents within six weeks. It further directed that if more than one prior case is found, the bail may be confirmed or revoked accordingly.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of Lalit, made in police custody, is admissible as evidence.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrines of deemed possession and presumed offender.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10230 of 2026
                     Arising Out of PS. Case No.-244 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Bholu Thakur @ Golu Kumar Son of Late Gauri Thakur @ Gauri Shankar
                 Thakur Resident of Village -Kamtaul Kotpatti PS- Kamtaul Distt- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 3 liters of liquor from a bag.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a bag with which petitioner has no concern and

                   petitioner has no relation with Lalit who was apprehended and

                   based on whose confession, the petitioner came to be
Patna High Court CR. MISC. No.10230 of 2026(3) dt.16-03-2026
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          implicated. It is next submitted that confessional statement in

          police custody 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 petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) 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 Kamtaul

          P.S. Case No. 244 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          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

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.10230 of 2026(3) dt.16-03-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner has

                      antecedent of more than one case, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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