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Patna High Court

Binod Kumar @ Vinod KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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