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Patna High Court

Aditya Kumar @ MaheshversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Aditya Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 69.8 litres of liquor from two motorcycles, though he claimed no ownership of the vehicles and no possession of the liquor at the time of arrest. He sought anticipatory bail, arguing he has a clean antecedent and that the alleged confessional statement of an apprehended accused lacks evidentiary value, especially after the 2018 amendment that removed the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a modest bond and two sureties, and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claims no possession or ownership of the seized liquor.
  • Whether the 2018 amendment to the Bihar Excise Act, which removed the concepts of deemed possession and presumed offender, affects the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • presumed offender
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18787 of 2026
                   Arising Out of PS. Case No.-253 Year-2024 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Aditya Kumar @ Mahesh S/O Mithu Dubey @ Amod Dubey @ Amod Dube
                 R/O Vill.- Pryag Smail, P.S.- Mirganj, Dist.- Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Irshad Ahmad Khan
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 69.800 litres of liquor from two different

                   motorcycles.

                             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

                   any of the seized vehicles and he came to be implicated based

                   on confessional statement of apprehended-accused in police
Patna High Court CR. MISC. No.18787 of 2026(2) dt.25-03-2026
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          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.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Phulwariya P.S. Case No. 253 of 2024, subject

          to the conditions as laid down under Section 482(2) of the

          BNSS.

                   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 even one case

          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 is a
               Patna High Court CR. MISC. No.18787 of 2026(2) dt.25-03-2026
                                                           3/3




                         person with clean antecedent in that event the provisional

                         anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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