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Patna High Court

Prem Kumar Choudhary @ Langar @ Premnath KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to bond, sureties and verification of their criminal antecedent.

Summary

Prem Kumar Choudhary and Vikram Choudhary sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging they were involved in the recovery of 400 litres of liquor from a boat. The petitioners argued they have no prior criminal record, were not in actual possession of the liquor, were not owners of the boat, and that the only evidence against them was a confessional statement made by Mukesh while in police custody, which they claimed lacks evidentiary value. They further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed verification of the petitioners' antecedents; the bail would be confirmed if they are found to have a clean record, otherwise it would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 438 of the Cr.P.C.
  • Whether the confessional statement of Mukesh made in police custody is admissible as evidence.
  • Whether the concepts of deemed possession and presumed offender under the Bihar Prohibition and Excise Act, 2018 are applicable.
  • Whether the petitioners can be deemed offenders despite lack of actual possession.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17295 of 2026
                          Arising Out of PS. Case No.-59 Year-2025 Thana- Sinha District- Bhojpur
                 ======================================================
           1.     Prem Kumar Choudhary @ Langar @ Premnath Kumar S/o Baijnath
                  Choudhary @ Baijnath Bin R/o Village - Chhota Brahmpur, P.S - Bhagwan
                  Bazar, District - Saran (Chapra)
           2.     Vikram Choudhary @ Bikram Choudhary @ Vishwakarma Chaudhary S/o
                  Jaleshwar Choudhary R/o Village - Naviganj, P.S - Bhagwan Bazar, District
                  - Saran (Chapra)
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :         Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and allegation is of

                   recovery of 400 litres of liquor from a boat.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession. It is further

                   submitted the petitioners are not the owner of the seized boat
Patna High Court CR. MISC. No.17295 of 2026(2) dt.19-03-2026
                                            2/3




          and came to be implicated based on the confessional statement

          of Mukesh 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.

                       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 for 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.500/- (Rupees Five Hundred)

          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 Sinha P.S. Case No. 59 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. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioners and

          if it is found that petitioners have antecedent of even one case, it

          would be presumed that petitioners had concealed their
           Patna High Court CR. MISC. No.17295 of 2026(2) dt.19-03-2026
                                                       3/3




                     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 are persons 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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