Patna High Court
Deepak Kumar @ Deepak SainiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 115.56 litres of liquor from an auto. He contended that he had no possession, was not the owner of the vehicle, and the case was based solely on a confessional statement of a co‑accused made in police custody, which he argued lacked evidentiary value. He also relied on the 2018 amendment to the Excise Act that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where possession is not established.
- Whether a confessional statement made by a co‑accused in police custody can be the basis for arrest and denial of bail.
- Effect of the 2018 amendment removing the doctrine of deemed possession on the grant of anticipatory bail.
- Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- possession
- confessional statement
- clean antecedent
- deemed possession
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11251 of 2026
Arising Out of PS. Case No.-56 Year-2023 Thana- DHANAHA District- West Champaran
======================================================
Deepak Kumar @ Deepak Saini S/O Bhukhal Saini Village- Jamuan, Pukar
Nagar, Police Station- Brwapatti, District- Kushinagar, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prerna Anand, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 is a person with clean antecedent and allegation is of
recovery of 115.56 liters of liquor from an Auto.
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 is not the
owner of the seized Auto and came to be implicated based on
confessional statement of Anmol in police custody which does
not have any evidentiary value. It is also submitted that after
Patna High Court CR. MISC. No.11251 of 2026(2) dt.15-04-2026
2/3
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.
500/- (Rupees Five Hundred) 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 Dhanaha
P.S. Case No. 56 of 2023 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 even 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
confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
Patna High Court CR. MISC. No.11251 of 2026(2) dt.15-04-2026
3/3
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…