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Patna High Court

Suresh DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2).

Summary

The petitioner, Suresh Das, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 62 litres of liquor from a public pit. He argued he had no prior criminal record, the liquor was not in his conscious possession, and the case was based solely on a confessional statement of another person taken in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The court noted the amendment of the Excise Act in 2018 had removed the concepts of deemed possession and presumed offender, and therefore granted provisional anticipatory bail subject to a modest bond and two sureties, with a condition that the trial court verify his antecedents before confirming the bail. If any prior case is found, the bail would be presumed concealed and not confirmed. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act
  • Whether the concept of deemed possession and presumed offender applies post‑2018 amendment
  • Whether a confessional statement made in police custody can form the basis for arrest

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • deemed possession
  • confessional statement
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14050 of 2026
                       Arising Out of PS. Case No.-6 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Suresh Das Son of Tuntun Das Resident Of Village- Bundel Toli, Ps-
                 Malsalami, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nikhil Kumar Singh
                 For the Opposite Party/s :       Mr. Ramchandra Sahni
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 62 litres of liquor from a pit near Bundeltoli ghat. It

                   is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and even alleged recovery is from a place which does not

                   belong to the petitioner and is accessible to public at large and

                   he came to be implicated based on confessional statement of

                   Mukesh in police custody, which does not have any evidentiary
Patna High Court CR. MISC. No.14050 of 2026(2) dt.12-03-2026
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          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.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Malsalami P.S. Case No.06/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification 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.14050 of 2026(2) dt.12-03-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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