Patna High Court
Munna SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Munna Singh, was implicated in a case alleging recovery of 273 litres of liquor from a motorcycle, invoking Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was not arrested on the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and that the case rested on a confessional statement of a co‑accused taken in police custody, which lacks 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 anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties of the same amount, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act, directing the trial court to verify the petitioner’s criminal antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of liquor under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a co‑accused recorded in police custody can be the basis for denying anticipatory bail.
- Effect of the 2018 amendment removing the doctrine of deemed possession on the grant of anticipatory bail.
- What conditions may be imposed while granting provisional anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Narcotic Substances (Special) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- liquor possession
- excise law
- confessional statement
- deemed possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15294 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Munna Singh S/O Ram Narayan Singh Resident of Village- Dadha, P.S.-
Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and Mr.
Rabindra Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274, 275
and 3(5) of the BNS as well as Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 273 litres of liquor from a motorcycle.
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 petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Sachin
Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.15294 of 2026(2) dt.25-03-2026
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value in the eye of law. 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. Mr. Rabindra Kumar, 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.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 Khajauli P.S. Case No. 248 of 2025
corresponding to G.R. No. 1641 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. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.15294 of 2026(2) dt.25-03-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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