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Patna High Court

AAKASH KUMAR @ AKASH KUMARversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.13370 of 2026(2) dt.10-03-2026
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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
             Patna High Court CR. MISC. No.13370 of 2026(2) dt.10-03-2026
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                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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