Patna High Court
Prince Pratap Singh @ Prince Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent cases.
Summary
Prince Pratap Singh sought anticipatory bail after learning that he may be arrested in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016, alleging recovery of 567 litres of liquor from a vehicle he did not own. He argued that he was not caught in possession, that the police relied solely on a confessional statement made by Govinda Kumar in custody, and that the 2018 amendment to the Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two are found, the bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted in the present excise case
- Whether a confessional statement made in police custody can form the basis for arrest in the absence of seized possession
- Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18764 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Prince Pratap Singh @ Prince Kumar Singh S/o Vinay Singh R/o Village -
Pratappur, P.O - Pratappur, P.S- Hussainganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Shahi, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
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 30(a) and
47 of the Bihar Prohibition and Excise Act, 2016 (as amended
2022).
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 567 litres of liquor from a Brezza.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Govinda
Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.18764 of 2026(2) dt.25-03-2026
2/3
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. It is also submitted that once an accused is implicated in a
case relating to excise the police start implicating mechanically
either at the instance of the Chawkidar, local person,
confessional statement or secret information without holding a
proper investigation of the case.
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, let the petitioner, above-named, in the
event of his arrest or surrender 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 Siwan Excise P.S. Case No. 36 of
2026, 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. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.18764 of 2026(2) dt.25-03-2026
3/3
and if it is found that petitioner has antecedent of more than two
cases, it would be presumed that petitioner had concealed his
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
petitioner has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…