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Patna High Court

Shankar KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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