Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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
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