Patna High Court

Kanhaiya PatelversusThe State of Bihar

Decided: 16 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Kanhaiya Patel, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act for alleged recovery of 32.5 litres of liquor from a paddy field. He contended that the liquor was not in his conscious possession, the field did not belong to him, and the case was based solely on a confessional statement made by Shatrughan while in police custody, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act where alleged possession is disputed
Whether the confessional statement of a co-accused made in police custody can form the basis for arrest
Effect of the 2018 amendment removing deemed possession and presumed offender concepts on the bail application

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
possession
Bihar Prohibition and Excise Act
confessional statement
criminal antecedent
deemed possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10291 of 2026
                   Arising Out of PS. Case No.-477 Year-2025 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Kanhaiya Patel Son of Gauri Patel Resident of Village -Khadda Bangala Tola
                 Police station- Nautan District -West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur
                 ======================================================
                 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 offence punishable under Sections 30(a) and

                   37 of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 32.5 litres of liquor from a paddy field. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner and is accessible to villagers at large and he came to

                   be implicated based on confessional statement of Shatrughan in

                   police custody which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.10291 of 2026(3) dt.16-03-2026
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          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.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (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 Nautan P.S. Case No.477/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.10291 of 2026(3) dt.16-03-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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