Patna High Court
Vivek Kumar @ TikdhariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted pending verification of antecedent, as the allegations did not establish possession and the confessional statement lacked evidentiary value.
Summary
The petitioner, Vivek Kumar, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 30(c) of the Bihar Excise Act for alleged recovery of 60 litres of liquor from a riverbank. He contended that he had no prior criminal record, that the liquor was not found in his possession, and that the alleged recovery occurred at a public place unrelated to him, relying on a confessional statement made by an accused in police custody, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act had abolished the doctrines of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and verification of the petitioner’s antecedent by the trial court, with the order to be confirmed if no prior case is found and otherwise to be cancelled. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted where alleged possession under Sections 30(a) and 30(c) of the Bihar Excise Act is not established
- Whether a confessional statement of an accused in police custody can form the basis for arrest and denial of bail
- Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on bail considerations
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- deemed possession
- confessional statement
- clean antecedent
- Section 482
- BNSS
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14639 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- OBRA District- Aurangabad
======================================================
Vivek Kumar @ Tikdhari S/O Manoj Singh R/O Vill.- Nawner, P.S.- Obra,
Dist.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
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) and
30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 60 liters of liquor from bank of Nawner Son Diyara.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated based on confessional statement of apprehended
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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.
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.
500/- (Rupees Five Hundred) 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 Obra P.S.
Case No. 06 of 2026 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
event if it is found that petitioner has antecedent of even 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 is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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