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Patna High Court

Satendra Kumar @ Sikindra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, and ordered that the bail be confirmed if no prior case is found.

Summary

Satendra Kumar was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 33.810 litres of liquor from three motorcycles, although the liquor was not seized from his immediate possession and he denied ownership of the vehicles. The prosecution’s case relied primarily on a confessional statement made by another accused while in police custody, which the petitioner argued lacks evidentiary value. The petitioner, a person with a clean antecedent, sought anticipatory bail, contending that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail application. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s antecedent and confirm the bail if no prior case is found, otherwise to cancel it.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offender was not caught in possession of liquor.
  • Whether a confessional statement of an accused made while in police custody has evidentiary value for the prosecution.
  • Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • confessional statement
  • deemed possession
  • presumed offender
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16328 of 2026
                      Arising Out of PS. Case No.-371 Year-2021 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Satendra Kumar @ Sikindra Kumar Son of Ramnarayan Singh R/o Village -
                 Bengha, P.S. - Runisaidpur, Dist. - Sitamarhi.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 33.810 liters of liquor from two different

                   motorcycles and another motorcycle was also seized.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized motorcycles and came to be

                   implicated based on confessional statement of apprehended
Patna High Court CR. MISC. No.16328 of 2026(2) dt.17-03-2026
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          accused in police custody which does not have any evidentiary

          value. 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. 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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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 Bajpatti

          P.S. Case No. 371 of 2021 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
            Patna High Court CR. MISC. No.16328 of 2026(2) dt.17-03-2026
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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