Patna High Court
Rocky Raj @ Rocky KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bail bonds, sureties and verification of his antecedent.
Summary
Petitioner Rocky Raj was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 45 litres of liquor from the cowshed of Anup Yadav. He was not arrested at the scene and no liquor was found in his possession; the allegation rests on a confessional statement made by Anup Yadav while in police custody. The petitioner, claiming a clean antecedent, applied for anticipatory bail, arguing that the amended Act had done away with the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s criminal antecedent, after which the bail may be confirmed or set aside.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether a confessional statement of a co‑accused made in police custody can form a basis for arrest and denial of bail.
- Whether the concepts of deemed possession and presumed offender are applicable after the 2018 amendment to the Excise Act.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- confessional statement
- deemed possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16650 of 2026
Arising Out of PS. Case No.-462 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Rocky Raj @ Rocky Kumar S/o Kamlesh Yadav @ Kamleshwar Kumar
Yadav R/o Village- Bargachhiya, PS- Uchakagaon, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 45 litres of liquor from the cowshed of Anup Yadav.
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 petitioner has no concern or relation with Anup Yadav. It is
further submitted that petitioner came to be implicated based on
the confessional statement of Anup Yadav in police custody
Patna High Court CR. MISC. No.16650 of 2026(3) dt.06-04-2026
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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.
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.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 Uchakagaon P.S.
Case No. 462 of 2025, 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
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
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
Patna High Court CR. MISC. No.16650 of 2026(3) dt.06-04-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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