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Patna High Court

Ashok Kumar @ Ashok Kumar PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.

Summary

The petitioner, Ashok Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 32(3), 41(1) and 41(2) of the Bihar Excise Act for alleged possession of 7.8 litres of liquor recovered from another person, Vinay. The petitioner argued he had no direct possession, clean antecedent, and that the case relied on Vinay's confessional statement, which he claimed lacked evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that any undisclosed prior case would lead to denial of confirmation of bail. If the petitioner is found to have a clean record, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bihar Excise Act provisions.
  • Whether the confessional statement of Vinay can be the basis for arrest of the petitioner.
  • Effect of the 2018 amendment removing deemed possession and presumed offender concepts on the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • provisional bail
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13445 of 2026
                     Arising Out of PS. Case No.-25 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Ashok Kumar @ Ashok Kumar Paswan Son of Audhesh Paswan @ Audhesh
                 Ram R/o Village - Golalewa Ordih, P.S. - Kutumba, Dist. - Aurangbad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bindeshwar Prasad Singh
                 For the Opposite Party/s :        Mr.Md. Nazir Ansari
                 ======================================================
                 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 30(a),

                   32(3), 41(1) and 41(2) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 7.8 litres of liquor from possession of Vinay.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and he has no concern

                   or relation with Vinay and he came to be implicated based on

                   confessional statement of Vinay in police custody which does

                   not have any evidentiary value. It is next submitted that after
Patna High Court CR. MISC. No.13445 of 2026(2) dt.10-03-2026
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          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 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 Excise P.S. Case No. 25 of 2026, 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 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
              Patna High Court CR. MISC. No.13445 of 2026(2) dt.10-03-2026
                                                          3/3




                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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