Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Dhiraj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor and a scooty were seized from another individual, Asharam Mandal, and that his implication rested solely on Asharam's confessional statement made in police custody. He contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that no material was recovered from his conscious possession. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. It further stipulated that if more than five prior cases are found, the bail would not be confirmed, whereas if exactly five are found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged possession is based on a co-accused's confessional statement.
- Whether the 2018 amendment to the Excise Act eliminating deemed possession affects the bail application.
- Whether the petitioner’s prior criminal antecedents influence the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- Section 30(a)
- Section 482(2)
- prior convictions
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12370 of 2026
Arising Out of PS. Case No.-535 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Dhiraj Kumar S/O Jogindar Saw @ Yogendra Prasad Resident of Chitranjan
Road, Purani Bazar Ward No. 10, P.S.- Lakhisarai, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Adv.
For the Opposite Party/s : Mr. Rabindra kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 1.500 litres of liquor from
possession of Asharam Mandal and a scooty was seized. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
is not the owner of the seized scooty and he came to be
implicated based on confessional statement of Asharam in
police custody which does not have any evidentiary value. It is
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also 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. It is also submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.25,000/- (Rupees twenty 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 Lakhisarai P.S. Case
No.535/2025, 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
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five cases, 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 five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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