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Patna High Court

Rakesh Kumar Singh @ Rakesh SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the number of prior cases.

Summary

The petitioner, Rakesh Kumar Singh, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act for alleged recovery of 320 litres of spirit from a field belonging to another person. He argued that he was not arrested at the spot, had no possession, and was implicated solely on a confessional statement made in police custody, which he claimed lacks evidentiary value. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail on a bond of Rs.55,000 with two sureties, subject to verification of the petitioner’s criminal antecedent; if more than eleven prior cases are found, the bail will not be confirmed, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. in a case involving alleged excise offences.
  • Whether a confessional statement made in police custody is admissible for the purpose of arrest.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16631 of 2026
                     Arising Out of PS. Case No.-126 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Rakesh Kumar Singh @ Rakesh Singh S/O Krishna Singh @ Krishna Kumar
                 Singh R/O Village- Ishapur, P.S- Madanpur, Distt.- Aurangabad.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :         Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-04-2026                  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 Sections 30(a),

                   41(1) and 41(2) of the Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of eleven cases under the Excise Act

                   and allegation is of recovery of 320 litres of spirit from a field

                   behind the house of Manoj Kumar Singh.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he has no concern or relation with Manoj Kumar Singh. It is

                   further submitted that petitioner came to be implicated based on
Patna High Court CR. MISC. No.16631 of 2026(3) dt.16-04-2026
                                            2/3




          the confessional statement of Nitish Kumar Singh @ Tuntun in

          police custody which does not have any evidentiary value in the

          eye of law. 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 start implicating mechanically either at the

          instance of the Chawkidar, local person, confessional statement

          or secret information without holding a proper investigation of

          the case. It is further submitted that petitioner in similar manner

          earlier also came to be implicated in cases relating to excise.

                       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 appearing on behalf of 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.55,000/-

          (Rupees Fifty-five 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

          Aurangabad Excise P.S. Case No. 126 of 2026, subject to the
           Patna High Court CR. MISC. No.16631 of 2026(3) dt.16-04-2026
                                                       3/3




                     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

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than

                     eleven cases, 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 eleven cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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