Patna High Court
Prem Kumar Choudhary @ Langar @ Premnath KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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