Patna High Court
Balmiki KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
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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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