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Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, and conditioned its confirmation on a clean criminal record.

Summary

The petitioner, Dheeraj Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a), 56(b) and 62 of the Bihar Excise Act for alleged recovery of 28.5 litres of liquor from a house he does not own. He argued that he was not caught in possession, that the alleged recovery was not from his conscious possession, and that the case relied on a confessional statement made by another person, Prince, while in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Bihar Excise Act 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 bail bond of Rs. 500 and two sureties, and ordered that the trial court verify the petitioner’s criminal antecedent before confirming the bail; if any antecedent is found, the bail will not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not found in possession of the alleged contraband.
  • Whether a confessional statement made by another person in police custody can form the basis for anticipatory bail denial.
  • Effect of the 2018 amendment to the Bihar Excise Act removing the concepts of deemed possession and presumed offender on bail considerations.

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • provisional bail
  • criminal antecedent
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13700 of 2026
                     Arising Out of PS. Case No.-30 Year-2026 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Dheeraj Kumar S/O Maheshwar yadav R/O Village - Nirpur, P.S- Sheikhpura
                 District- Sheikhpura

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

                   56(b) and 62 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 28.5 litres of liquor from a house near RD college.

                             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 house, but then came to be implicated based on confessional

                   statement of Prince in police custody which does not have any

                   evidentiary value. It is next submitted that after amendment in
Patna High Court CR. MISC. No.13700 of 2026(2) dt.12-03-2026
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          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. 30 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

          antecedent in that event the provisional anticipatory bail order
              Patna High Court CR. MISC. No.13700 of 2026(2) dt.12-03-2026
                                                          3/3




                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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