Created by Fuzzy Cloud

Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.12370 of 2026(2) dt.09-03-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.12370 of 2026(2) dt.09-03-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.