Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act, 2018 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.