Patna High Court
Aditya Kumar @ MaheshversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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