Patna High Court
Ankit Kumar @ Arav KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
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
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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
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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
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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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