Patna High Court
Binod Kumar @ Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to statutory conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Binod Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged possession of 56.280 litres of liquor recovered from a joint‑family house. He argued that no liquor was found in his conscious possession, the house being a joint family property, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. He further contended that the only evidence against him was a confessional statement by Guriya Devi made while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify his criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor under the Bihar Prohibition and Excise Act
- Whether the confessional statement made in police custody is admissible as evidence
- Whether the amendment removing deemed possession and presumed offender precludes bail in this case
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- possession
- confessional statement
- excise law
- joint family property
- criminal antecedent
- Section 30(a)
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14442 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- Excise P.S. District- Sheohar
======================================================
Binod Kumar @ Vinod Kumar S/o- Jagarnath Chaudhary Resident of Village-
Vrindavan Mushhari, P.S.- Tariyani, Dist- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 56.280
litres of liquor from the house of Guriya Devi.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.14442 of 2026(2) dt.13-03-2026
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was within his knowledge and 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 next
submitted that petitioner came to be implicated based on the
confessional statement of Guriya Devi in police custody which
does not have any evidentiary value in the eye of law. It is also
submitted that no wife would implicate her own husband but
then under pressure she was made to confess his name.
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, let 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.10,000/- (Rupees Ten 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 Sheohar Excise P.S. Case No. 318 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and if
Patna High Court CR. MISC. No.14442 of 2026(2) dt.13-03-2026
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it is found that petitioner has antecedent of more than two cases,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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