Created by Fuzzy Cloud

Patna High Court

Ranjan Gupta @ Ranjan Kumar GuptaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent, and the order will be confirmed if no antecedent is found, otherwise it may be cancelled.

Summary

The petitioner sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor was recovered from a motorcycle and that he had no conscious possession or ownership of the vehicle. He argued that the only evidence was a confessional statement made by another person in police custody, which he claimed lacked evidentiary value, and that the 2018 amendment to the Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent. The court clarified that if any antecedent is found, the bail may be cancelled; otherwise, the provisional order will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted where the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act is based solely on a police‑custody confession and no possession is proved.
  • Whether the post‑2018 amendment eliminating deemed possession and presumed offender applies to the present case.
  • What conditions should be imposed on provisional anticipatory bail, including verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • confessional statement
  • provisional bail
  • criminal antecedent
  • deemed possession
  • presumed offender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14399 of 2026
                        Arising Out of PS. Case No.-276 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Ranjan Gupta @ Ranjan Kumar Gupta Son of Suresh Prasad R/o - Manjhi
                 Gadh Bazar, P.S - Manjhi, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. 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 is a person with clean antecedent and allegation is of

                   recovery of 17.28 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 came to be implicated based

                   on confessional statement of Pradeep Kumar in police custody

                   which does not have any evidentiary value. It is also submitted

                   that after amendment in the Excise Act in the year 2018, the
Patna High Court CR. MISC. No.14399 of 2026(2) dt.13-03-2026
                                            2/3




          concept of deemed possession and presumed offender has been

          done away with.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Court of 2 nd

          Exclusive Special Excise Judge, Saran at Chapra in connection

          with Manjhi P.S. Case No.276 of 2025, subject to the conditions

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.14399 of 2026(2) dt.13-03-2026
                                                           3/3




                         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 shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.