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Patna High Court

Rahul Kumar @ Rahul Kumar MallikversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rahul Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 130 litres of liquor from a sack, although the liquor was not found in his immediate possession. The allegation rests on a confessional statement made by a co-accused, Jitu, while in police custody, which the petitioner contended lacks evidentiary value. He argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and he has a clean criminal record. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the confessional statement of a co-accused made in police custody can be the basis for arrest.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • deemed possession
  • confessional statement
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13361 of 2026
                        Arising Out of PS. Case No.-288 Year-2025 Thana- SARAI District- Vaishali
                 ======================================================
                 Rahul Kumar @ Rahul Kumar Mallik Son of Randhir Mallik R/o Village -
                 Matiyara Tok, P.S. - Sarai District - Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Bela Singh
                 For the Opposite Party/s :        Ms. Meena Singh
                 ======================================================
                 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 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 130 litres of liquor from a sack. It is next submitted

                   that petitioner was not arrested from the spot as such nothing

                   was recovered from his conscious possession and even alleged

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

                   and he has no concern with the sack and came to be implicated

                   based on the confessional statement of Jitu in police custody

                   which does not have any evidentiary value. It also submitted
Patna High Court CR. MISC. No.13361 of 2026(2) dt.10-03-2026
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          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. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender 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 Sarai P.S. Case No.288/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          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
             Patna High Court CR. MISC. No.13361 of 2026(2) dt.10-03-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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