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Patna High Court

Paras Nath Singh @ Niraj Yadav @ Niraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedents.

Summary

Paras Nath Singh, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 200 ml of liquor recovered from a motorcycle. He argued that he was not arrested on the spot, had no conscious possession, was not the vehicle's owner, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacks evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police had not conducted a proper investigation. The State opposed the grant of anticipatory bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Prohibition and Excise Act, directing the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence is based solely on a confessional statement and there is no evidence of conscious possession.
  • Effect of the 2018 amendment removing deemed possession and presumed offender on the bail application.
  • Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Prohibition and Excise Act are applicable.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • confessional statement
  • deemed possession
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15507 of 2026
                         Arising Out of PS. Case No.-5 Year-2026 Thana- DINARA District- Rohtas
                 ======================================================
                 Paras Nath Singh @ Niraj Yadav @ Niraj Kumar S/o Radhey Shyam Singh
                 R/o Village - Ganj Bharasara, P.S.- Dinara, District - Rohtas
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :        Ms. Shaheen Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 200 ml. 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 Raushan

                   Kumar in police custody which does not have any evidentiary

                   value in the eye of law. It is next submitted that after
Patna High Court CR. MISC. No.15507 of 2026(2) dt.16-03-2026
                                            2/3




          amendment in the Excise Act in the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with. It is also submitted that once an accused is implicated in a

          case relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person, secret

          information or confessional statement without holding a proper

          investigation of the case.

                       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, 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.10,000/- (Rupees Ten Thousand)

          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 Dinara P.S. Case No. 05 of 2026,

          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. 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 more than two cases,
           Patna High Court CR. MISC. No.15507 of 2026(2) dt.16-03-2026
                                                       3/3




                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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