Patna High Court
Bholu Thakur @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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