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Patna High Court

Balmiki KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioner, Balmiki Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, where 100 litres of liquor were allegedly recovered from a motorcycle. He argued that he was not arrested on the spot, did not own the vehicle, and the only link to him was a confessional statement made by Jitendra Kumar while in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and compliance with Section 482(2) of the CrPC. The order stipulated that if more than one antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether a confessional statement made in police custody can be the sole basis for implicating the petitioner.
  • Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • deemed possession
  • provisional bail
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14877 of 2026
                      Arising Out of PS. Case No.-43 Year-2026 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Balmiki Kumar Son of Vinod Yadav Resident of village Pachamba, P.S.-
                 Kawakol, District - Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Devendra Prasad Singh, Advocate
                 For the Opposite Party/s :      Ms. Suman Kumari Singh, 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, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 100 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

                   Jitendra Kumar @ Jitendra Yadav in police custody which does

                   not have any evidentiary value and after amendment in the
Patna High Court CR. MISC. No.14877 of 2026(2) dt.13-03-2026
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          Excise Act in the year 2018, the 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.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Court Excise-2, Nawada in connection with Kawakol

          P.S. Case No.43 of 2026, 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 more than 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
               Patna High Court CR. MISC. No.14877 of 2026(2) dt.13-03-2026
                                                           3/3




                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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