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Patna High Court

Ankit Kumar @ Arav KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent cases.

Summary

The petitioner, Ankit Kumar, sought anticipatory bail fearing arrest in a case registered under IPC sections 272 and 273 and several provisions of the Bihar Excise Act. He contended that he was not arrested on the spot, no liquor was recovered from his possession, and the only basis for his implication was a confessional statement of another accused, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a cash bond and sureties, and directed the trial court to verify the petitioner’s criminal antecedents, with a condition that the bail would not be confirmed if more than two prior cases are found.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not in actual possession of the contraband and is implicated solely on a confessional statement of another accused.
  • Whether the 2018 amendment to the Bihar Excise Act, which removed the doctrine of deemed possession and presumed offender, affects the grant of anticipatory bail.
  • Whether the existence of prior criminal antecedents beyond two cases bars the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 482
  • IPC 272
  • IPC 273
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18417 of 2026
                  Arising Out of PS. Case No.-126 Year-2021 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Ankit Kumar @ Arav Kumar S/O Ram Pravesh Chaudhary @ Bhanu
                 Chaudhary @ Ram Pravesh Chaudhari R/O Village - Bishanpur, Ward No.- 6,
                 P.S- Chakia, District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sandip Kumar Gautam
                 For the Opposite Party/s :      Mr.Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026               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 offences punishable under Sections 272, 273

                   of IPC and Sections 30(a), 35, 36 and 41 of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 90 litres of

                   liquor from a car.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of
Patna High Court CR. MISC. No.18417 of 2026(2) dt.25-03-2026
                                            2/3




          the seized vehicle and he came to be implicated based on

          confessional statement of apprehended-accused in police

          custody which does not have any evidentiary value. 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. It is further submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                   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 for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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

          Bahadurganj P.S. Case No. 126 of 2021, subject to the

          conditions as laid down under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.18417 of 2026(2) dt.25-03-2026
                                                          3/3




                                 7.     It is made clear that thereafter the learned Trial

                        Court shall verify the criminal antecedent of the petitioner and

                        in the event if it is found that petitioner has antecedent of more

                        than two cases then it would be presumed that petitioner, for the

                        purposes of seeking anticipatory bail, had concealed his

                        antecedent before this Court, as such, the provisional

                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of two

                        cases in that event the provisional anticipatory bail order shall

                        be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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