Patna High Court
Jaiprakash Singh @ Jai Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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/-
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