Patna High Court
Subhash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent cases.
Summary
The petitioner, Subhash Kumar, applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 69.120 litres of liquor. He contended that he was not caught in possession, the alleged recovery occurred on public land, and the case against him relied on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. He further argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police were mechanically implicating him without proper investigation. The State opposed the bail. The court granted provisional anticipatory bail on condition of a Rs.15,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent; if more than three prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the nature of the evidence and his criminal antecedent.
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- criminal antecedent
- deemed possession
- confessional statement
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16386 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Subhash Kumar Son of Ramdhani Prasad @ Rameshwar Prasad R/O Village -
Pakhnaha Jagiraha, P.S- Bairiya, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raki Alam, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, 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 at
Para-3 it has been pleaded that petitioner has antecedent of two
cases out of which one case is under the Excise Act, but after
filing of the instant anticipatory bail application, the petitioner
came to be implicated in one more case relating to Excise, as
such, now petitioner has antecedent of three cases out of which
two cases are under the Excise Act. It is next submitted that
allegation is of recovery of 69.120 liters of liquor from two
sacks near a dam.
Patna High Court CR. MISC. No.16386 of 2026(2) dt.17-03-2026
2/3
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 even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated based on confessional statement of Abhimanyu 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. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
15,000/- (Rupees Fifteen Thousand) with two sureties of the like
Patna High Court CR. MISC. No.16386 of 2026(2) dt.17-03-2026
3/3
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Bairiya
P.S. Case No. 92 of 2026 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 more than
three cases 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 has antecedent of three cases only, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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