Patna High Court
Laxaman KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to petitioners 1 and 3, subject to conditions, and permitted withdrawal of the application for petitioner 2.
Summary
The petitioners, three residents of Begusarai, sought anticipatory bail after a police case was registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 alleging recovery of 44.460 litres of liquor and seizure of a motorcycle. They argued they had clean antecedents, were not arrested at the spot, and that no liquor was found in their conscious possession; the case relied on a confessional statement made by a third person in police custody, which they contended lacked evidentiary value. They further submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed bail, pointing out a discrepancy regarding ownership of the seized motorcycle. The High Court allowed the petitioners to withdraw the bail application for the second petitioner, and granted provisional anticipatory bail to the first and third petitioners subject to a modest bail bond, sureties, verification of criminal antecedents, and compliance with Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 when the alleged offence is based solely on a confessional statement and no conscious possession is established.
- Whether the 2018 amendment to the Bihar Prohibition and Excise Act has eliminated the doctrine of deemed possession and presumed offender, affecting bail considerations.
- Whether the ownership dispute over the seized motorcycle impacts the grant of anticipatory bail.
- Whether the High Court may impose conditions, including verification of criminal antecedents, on provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- presumed offender
- confessional statement
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14290 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- PHULWARIA District- Begusarai
======================================================
1. Laxaman Kumar S/o- Rajendra Prasad Mandal R/V-Raja Babu Basti, Binod
Bhawan PS-Phulwariya Dist-Begusarai
2. Subodh Kumar S/o- Jai Lal Sahni R/V-Raja Babu Basti, Binod Bhawan PS-
Phulwariya Dist-Begusarai
3. Nischal Kumar S/o- Suresh Ram R/V-Raja Babu Basti, Binod Bhawan PS-
Phulwariya Dist-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar
For the Opposite Party/s : Mr. Parmanand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 44.460 litres of liquor from Parityakt Bhawan and a
motorcycle was seized. It is next submitted that petitioners
were not arrested from the spot as such nothing was recovered
from their conscious possession and they came to be implicated
Patna High Court CR. MISC. No.14290 of 2026(2) dt.13-03-2026
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based on confessional statement of Kamal in police custody
which does not have any evidentiary value. It is further
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 petitioners and submits that the order
impugned records that a motorcycle which was seized belongs
to the petitioner no.2 but then in the anticipatory bail
application, it is not pleaded that whether the motorcycle
belongs to petitioner no.2 or not
5. At this stage, learned counsel for the petitioners
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no.2, namely, Subodh Kumar.
6. Permission is accorded.
7. After hearing the learned counsel for the parties, the
petitioner no.1 and 3 above-named, in the event of their 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) each 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
Patna High Court CR. MISC. No.14290 of 2026(2) dt.13-03-2026
3/3
Phulwariya P.S. Case No.21/2026, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
8. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 and petitioner
no.3 has antecedent of even one case, in that event, it would be
presumed that petitioners had concealed their antecedent before
this court, as such, the provisional anticipatory bail order shall
not be confirmed with respect to those petitioners whose
criminal antecedent does not tally but if after verification the
criminal antecedent as recorded hereinabove tallies with the
petitioners in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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