Created by Fuzzy Cloud

Patna High Court

Bhola Kumar @ Rupesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioners subject to bond, sureties, and verification of their criminal antecedents.

Summary

The petitioners, Bhola Kumar and Chhotu Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 4,400 litres of liquor recovered from Rahul Kumar, with charges under several IPC sections and the Bihar Prohibition and Excise (Amendment) Act, 2018. They contended that they were not arrested on the spot, had no conscious possession, and were implicated solely on Rahul Kumar's custodial confession, which they argued lacks evidentiary value, and asserted no relationship with him. They further argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, and directed the trial court to verify the petitioners' criminal antecedents, stipulating that if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the circumstances alleged.
  • Whether a confessional statement made by a co-accused in police custody is admissible for implicating the petitioners.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act has eliminated the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • confessional statement
  • excise law
  • criminal antecedent
  • IPC offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16153 of 2026
                         Arising Out of PS. Case No.-359 Year-2020 Thana- BYPASS District- Patna
                 ======================================================
           1.     Bhola Kumar @ Rupesh Kumar son of Ranjeet Saw @ Ranjit Sah Resident
                  of Village - Karmali Chak Begampur, PS - Bypass, PO - Patna City, Patna
           2.     Chhotu Kumar @ Vikash Kumar Son of Ranjeet Saw @ Ranjit Sah Resident
                  of Village - Karmali Chak Begampur, PS - Bypass, PO - Patna City, Patna
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Basheer Faizi, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Prasad Nat, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 147, 149,

                   341, 342, 353, 504, 506 and 34 of the Indian Penal Code as well

                   as Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2018.

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of one case and allegation is of

                   recovery of 4.400 litres of liquor from possession of Rahul

                   Kumar.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.16153 of 2026(2) dt.16-04-2026
                                            2/3




          recovered from their conscious possession. It is further

          submitted that petitioners came to be implicated based on the

          confessional statement of Rahul Kumar in police custody which

          does not have any evidentiary value in the eye of law. It is next

          submitted that petitioners have no concern or relation with

          Rahul Kumar. It is also 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. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees Five Thousand) each 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 Bypass P.S. Case No. 359 of 2020, 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
           Patna High Court CR. MISC. No.16153 of 2026(2) dt.16-04-2026
                                                       3/3




                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioners have antecedent of more than

                     one case, it would be presumed that petitioners had concealed

                     their 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

                     petitioners have antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.