Created by Fuzzy Cloud

Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Rohit Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 56(2)(ii) of the Bihar Excise Act for allegedly possessing three litres of liquor recovered from a motorcycle. He argued he had no prior criminal record, was not the owner of the vehicle, and the case was based solely on a confessional statement made by another accused in police custody, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the 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 antecedent; if any prior case is found, the bail would not be confirmed. The order directs confirmation of bail only after the antecedent check confirms a clean record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act.
  • Whether the confessional statement of an apprehended accused can form the basis for arrest.
  • Whether the concepts of deemed possession and presumed offender still exist post‑2018 amendment.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13639 of 2026
                      Arising Out of PS. Case No.-136 Year-2024 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Rohit Kumar Son of Uday Ravidas Resident of Village - Darsan, Ward No.-
                 11, Police Station - Govindpur, District - Nawada.
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bipin Kumar
                 For the Opposite Party/s :        Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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) and 56(2)(ii) 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 3 litres of liquor from a motorcycle.

                             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 is not the owner of the

                   seized vehicle and he came to be implicated based on confessional

                   statement of apprehended-accused in police custody which does not

                   have any evidentiary value. It is next 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.
              Patna High Court CR. MISC. No.13639 of 2026(2) dt.12-03-2026
                                                          2/2




                                 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. 136 of 2024, 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 antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.