Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bond conditions and verification of his prior criminal antecedents.
Summary
The petitioner, Mohit Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 28.875 litres of liquor from a third party. He argued that he was not caught in possession and that the case was based solely on a confessional statement of another accused, which he claimed lacked evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, applying its inherent powers under Section 482(2) of the CrPC, granted provisional anticipatory bail on the condition of a Rs. 40,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents. If the trial court finds more than eight prior excise cases, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under the Bihar Excise Act.
- Whether a confessional statement of a co-accused, made in police custody, can form the basis for implicating the petitioner.
- Whether the 2018 amendment to the Bihar Excise Act has eliminated the doctrine of deemed possession and presumed offender for the purpose of granting bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- deemed possession
- presumed offender
- high court inherent powers
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12403 of 2026
Arising Out of PS. Case No.-220 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Mohit Kumar Son of Ramashish Singh Resident of Village - Marchai, P.S.-
Satgama, District - Koderma (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar \
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
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.
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 the
petitioner has antecedent of eight cases under the Excise Act and
allegation is of recovery of 28.875 litres of liquor from the
possession of Deepak.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on confessional statement of Deepak in police
custody which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.12403 of 2026(2) dt.09-03-2026
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submitted that after 2018 amendment in the Excise Act, the
concept of deemed possession and presumed offender has been
done away with. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
petitioner earlier also came to be implicated in a similar manner.
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. 40,000/- (Rupees
Forty 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 Nawada Excise P.S.
Case No. 220 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
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eight cases 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 has antecedent of eight case in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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