Created by Fuzzy Cloud

Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Amit Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that no liquor was recovered from his possession and the case was based solely on a confessional statement of another person. He argued that the 2018 amendment to the Excise Act abolished the concept of deemed possession, rendering the charge untenable. The State opposed the bail, contending that the allegations warranted arrest. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and verification of his criminal antecedents. The court clarified that if verification reveals more than one antecedent, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was not recovered from the accused's possession.
  • Whether the 2018 amendment removing the concept of deemed possession affects the grant of anticipatory bail.
  • What conditions must be imposed under Section 482(2) of the B.N.S.S. for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • confessional statement
  • deemed possession
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13779 of 2026
                      Arising Out of PS. Case No.-320 Year-2025 Thana- Excise P.S. District- Sheohar
                 ======================================================
                 Amit Kumar Son of Ramuday Singh R/o Village - East Harnahi, Ward No.7,
                 P.S. - Sheohar, Dist. - Shoehar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor concealed under

                   straw. It is next submitted that petitioner was not arrested from

                   the spot, as such, nothing was recovered from his conscious

                   possession and he came to be implicated based on confessional

                   statement of Shiv Kumar 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
Patna High Court CR. MISC. No.13779 of 2026(2) dt.12-03-2026
                                            2/3




          possession and presumed offender has been done away with. It

          is also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either at the instance of Chowkidar, local person, confessional

          statement or secret information without holding a proper

          investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise, Sheohar in connection with Excise Sheohar P.S.

          Case No.320 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.13779 of 2026(2) dt.12-03-2026
                                                           3/3




                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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