Patna High Court
Rahul Kumar @ Rahul PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of antecedent under Section 482(2) of the BNSS.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 34 and 37 of the Bihar Excise Act concerning alleged recovery of 40 litres of liquor concealed under a straw beside a public road. He contended that the liquor was not in his conscious possession, the recovery was made from a place not belonging to him, and the charge relied on a confessional statement made in police custody, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties, subject to verification of his criminal antecedent within six weeks, and stipulated that confirmation of the bail would depend on that verification.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Excise Act where the alleged recovery is from a public place and based on a confessional statement.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of granting bail.
- Whether Section 482(2) of the BNSS permits provisional anticipatory bail pending verification of the petitioner’s antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- confessional statement
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14327 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- SIMRA District- Aurangabad
======================================================
Rahul Kumar @ Rahul Paswan S/o Lalata Paswan R/o Village- Pokhrahi, P.S-
Simra, Dist- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aman Vishal
For the Opposite Party/s : Mr.Binod 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 offences punishable under Sections 30(a), 34
and 37 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 40 litres of liquor concealed under
straw kept beside a road.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the 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
Patna High Court CR. MISC. No.14327 of 2026(2) dt.13-03-2026
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based on confessional statement of apprehended-accused 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 possession and presumed
offender has been done away with. It is further 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
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 Simra P.S. Case No.
76 of 2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
Patna High Court CR. MISC. No.14327 of 2026(2) dt.13-03-2026
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event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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