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Patna High Court

Munna SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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