Created by Fuzzy Cloud

Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Manish Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act concerning the alleged recovery of 2,070 litres of liquor from a truck. He argued that he was not in actual possession of the liquor, was not the owner of the seized vehicle, and that the only evidence against him was a confessional statement made by another accused, which he claimed lacked evidentiary value. The petitioner also contended that recent amendments to the Excise Act had abolished the concepts of deemed possession and presumed offender, making the case against him weaker. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents, confirming the bail if only one prior case is found.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not in actual possession of the seized liquor under Section 30(a) of the Excise Act.
  • Whether a confessional statement of a co-accused can be relied upon for denying anticipatory bail.
  • Effect of the amendment removing deemed possession and presumed offender concepts on the grant of anticipatory bail.
  • What conditions under Section 438(2) CrPC must be imposed for provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • Section 438
  • confessional statement
  • deemed possession
  • presumed offender
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18211 of 2026
                         Arising Out of PS. Case No.-31 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
                 Manish Kumar S/o Vishwanath Singh Resident of Village- Madhusudanpur,
                 P.S.- Sakra, District- Mujaffarpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Gopal Kumar Jha
                 For the Opposite Party/s :        Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 2070 litres of liquor from a

                   truck.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of

                   the seized truck and he came to be implicated based on

                   confessional statement of Sanjeev Kumar in police custody,
Patna High Court CR. MISC. No.18211 of 2026(2) dt.25-03-2026
                                            2/3




          which does not have any evidentiary value. It is next submitted

          that after Amendment in the Excise Act, 2018, the concept of

          deemed possession and presumed offender has been done away

          with. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees 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 Araria P. S. Case No.31 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.18211 of 2026(2) dt.25-03-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.