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Patna High Court

Jaiprakash Singh @ Jai Prakash SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Jaiprakash Singh, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 100 litres of liquor from a motorcycle. He argued that he was not in possession of the liquor or the vehicle and that the case was based solely on a confessional statement made by another person, Amit, while in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that the police were mechanically implicating individuals without proper investigation. The State opposed the petition for anticipatory bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.25,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming the bail only if the antecedents did not exceed five cases.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the accused claims lack of possession and reliance on a custodial confessional statement.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the bail application.
  • Whether the petitioner’s prior five cases under the Excise Act influence the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedents
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14286 of 2026
                       Arising Out of PS. Case No.-305 Year-2023 Thana- JALALPUR District- Saran
                 ======================================================
                 Jaiprakash Singh @ Jai Prakash Singh S/o- Late Shivshankar Singh R/v-
                 Majlispur Ps- Kopa Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   allegation is of recovery of 100 litres of liquor from a

                   motorcycle. It is next submitted that 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 Amit

                   in police custody which does not have any evidentiary value. It

                   is also submitted that after amendment in the Excise Act in the
Patna High Court CR. MISC. No.14286 of 2026(2) dt.13-03-2026
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          year 2018, the concept of deemed 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 through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.25,000/- (Rupees twenty five

          thousand) 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 Jalalpur P.S. Case

          No.305/2023, 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 more than

          five cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.14286 of 2026(2) dt.13-03-2026
                                                         3/3




                       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 has antecedent of five

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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