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Patna High Court

SAVAN KUMAR @ BITTU KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents, with confirmation if no prior cases are found.

Summary

The petitioner, Savan Kumar, was implicated in a case involving alleged recovery of 930 ml of liquor, facing multiple offences under the Bihar Narcotic Substances Act, 2023 and the Bihar Excise Act. He contended that he had no prior criminal record, the alleged liquor was recovered from a location not belonging to him, and the prosecution’s case relied on a confessional statement made in police custody, which he argued lacked evidentiary value. The petitioner also argued that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioner’s antecedents within six weeks, with confirmation of bail if no prior cases are found. The order emphasizes that any undisclosed antecedent would lead to the bail not being confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether the confessional statement made in police custody can be relied upon as evidence.
  • Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • narcotic offences
  • excise law
  • confessional statement
  • deemed possession
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13063 of 2026
                    Arising Out of PS. Case No.-139 Year-2025 Thana- KHUTAUNA District- Madhubani
                 ======================================================
                 SAVAN KUMAR @ BITTU KUMAR S/O Ramesh Kumar @ Ramesh
                 Kumar Sah @ Ramesh Prasad R/O Vill and P.S.- Khutauna, Dist.-
                 Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Jaishankar Kumar Yadav, Advocate
                 For the Opposite Party/s :      Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 Sections 126(2),

                   115(2), 190, 191(2), 191(3), 109(1), 121(1), 132, 121(2), 352,

                   351(2), 274 and 275 of the BNS, 2023 read with Section 30(a)

                   of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 930 ml of liquor from Khutauna Jainagar road near

                   house of Jaiprakash Narayan.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.13063 of 2026(2) dt.15-04-2026
                                            2/3




          was recovered from his conscious possession and even alleged

          recovery is from a place which does not belong to the petitioner

          and came to be implicated based on confessional statement of

          apprehended accused in police custody which does not have any

          evidentiary value. It is 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.

                       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.

          500/- (Rupees Five Hundred) 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 Khutauna

          P.S. Case No. 139 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 even one case

          then it would be presumed that petitioner, for the purposes of
            Patna High Court CR. MISC. No.13063 of 2026(2) dt.15-04-2026
                                                        3/3




                      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 is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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