Patna High Court
Paras Nath Singh @ Niraj Yadav @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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