Patna High Court
AAKASH KUMAR @ AKASH KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.
Summary
The petitioner, Aakash Kumar, feared arrest in a case registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging that 8 litres of liquor were recovered from a motorcycle he was riding. He contended that he was not the owner of the vehicle, no liquor was found in his conscious possession, and the case was based solely on a confessional statement made by another accused, Sudama, while in police custody, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that he had a clean criminal antecedent. 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; if any antecedent is found, the bail would not be confirmed. The order directs that, upon verification of a clean record, the provisional bail shall be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the confessional statement of a co‑accused made in police custody is admissible as evidence to justify arrest.
- Whether the 2018 amendment to the Excise Act has eliminated the doctrine of deemed possession and presumed offender.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- confessional statement
- clean antecedent
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13370 of 2026
Arising Out of PS. Case No.-1254 Year-2025 Thana- ALAMGANJ District- Patna
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AAKASH KUMAR @ AKASH KUMAR S/o- Paras Mahto @ Paras Kumar
R/v- Mirchaiya Tola, Akhadapar Ps- Alamganj Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyam Kumar Chaudhary
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
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 Sections 30(a) and
32(3) of Bihar Prohibition and Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8 litres of liquor from a motorcycle. 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 he came to be implicated
based on confessional statement of Sudama 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
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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 Alamganj P.S. Case No.1254/2025, 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
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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