Patna High Court
Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to bond and verification of antecedents.
Summary
Shankar Kumar applied for anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 792 litres of liquor from a vehicle. He argued that he had no conscious possession, was not the owner of the vehicle, and the case was based solely on a confessional statement made by Chhotu Kumar while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending that the allegations warranted arrest. The Court, considering the petitioner's clean antecedent and the questionable basis of the accusation, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2). The order also directed verification of the petitioner's criminal antecedent, with confirmation of bail if no prior cases are found, otherwise the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on a confessional statement made in police custody.
- Whether the concept of deemed possession or presumed offender under the Bihar Prohibition and Excise Act applies after its 2018 amendment.
- Whether the petitioner’s clean antecedent warrants provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- confessional statement
- Bihar Prohibition and Excise Act
- deemed possession
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12966 of 2026
Arising Out of PS. Case No.-216 Year-2024 Thana- MAKER District- Saran
======================================================
Shankar Kumar S/O Late Lakshmi Ray @ Laxmi Ray ( Father name wrongly
mentioned in FIR as Late Shatrudhan Ray) R/O Vill.- Mahua Singh Rae, P.S.-
Mahua, dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. 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 is a person with clean antecedent and allegation is of
recovery of 792 litres of liquor from a Bolero pickup vehicle. 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 vehicle and came to be
implicated based on confessional statement of Chhotu Kumar in
police custody, which does not have any evidentiary value. It is
Patna High Court CR. MISC. No.12966 of 2026(2) dt.10-03-2026
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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. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Court of 3 rd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Maker P.S. Case No.216 of 2024, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.12966 of 2026(2) dt.10-03-2026
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in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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