Patna High Court
Keshav Patel @ Sonu Kumar @ Keshav KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to bond, sureties and verification of antecedent, and that the confessional statement made in police custody does not, by itself, constitute admissible evidence for denial of bail.
Summary
The petitioner sought anticipatory bail fearing arrest in a case under Sections 272 and 273 of the IPC read with Section 30(a) of the Bihar Excise Act, alleging recovery of 4,698 litres of liquor from two trucks. He contended that no liquor was found in his possession, he was not the owner of the trucks, and the only basis for his implication was a confessional statement made by a co‑accused while in police custody, which he argued had no evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the bail. The High Court, exercising its inherent powers under Section 482(2) of the CrPC, granted provisional anticipatory bail subject to a Rs 5,000 bond, two sureties of equal amount, and ordered verification of the petitioner’s criminal antecedent, with confirmation of bail contingent on finding only one prior case.
Issues considered
- Whether anticipatory bail can be granted in offences under IPC Sections 272, 273 and the Bihar Excise Act.
- Whether a confessional statement made in police custody is admissible as evidence to implicate the petitioner.
- Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender for bail considerations.
- Conditions under which provisional anticipatory bail may be granted under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- IPC 272
- IPC 273
- Section 482 CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13243 of 2026
Arising Out of PS. Case No.-64 Year-2020 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Keshav Patel @ Sonu Kumar @ Keshav Kumar S/O Sakaldeo Rai @ Shakal
Dev Ray R/O Village and P.O- Manganpur, P.S- Bhagwanpur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 Sections 272 and
273 of the Indian Penal Code read with Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 4698 liters of liquor from two trucks.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized trucks and came to be implicated
Patna High Court CR. MISC. No.13243 of 2026(2) dt.10-03-2026
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based on confessional statement of Ranjit in police custody
which does not have any evidentiary value. It is 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 at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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.
5,000/- (Rupees 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
Muzaffarpur Sadar P.S. Case No. 64 of 2020 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.13243 of 2026(2) dt.10-03-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case 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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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