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Patna High Court

Akshay Kumar DasversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Akshay Kumar Das, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with alleged offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, relating to the alleged recovery of 225 litres of liquor from a motorcycle. The petitioner argued that he was not arrested on the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and that the only basis for his implication was a confessional statement of Aman Kumar Das made in police custody, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bail bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed if only one prior case is found, or revoked if more than one antecedent is discovered. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted despite the alleged narcotic and excise offences and the petitioner’s prior criminal antecedent.
  • Whether a confessional statement made by a co‑accused in police custody can be relied upon for denying anticipatory bail.
  • Effect of the 2018 amendment to the Excise Act removing the concepts of deemed possession and presumed offender on the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • Narcotic offences
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18908 of 2026
                     Arising Out of PS. Case No.-31 Year-2026 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Akshay Kumar Das S/o- Ramshobhit Das Resident of Village- Rampur Police
                 Station- Harlakhi District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Soban Asghar
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of

                   the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 225 litres of liquor from a

                   motorcycle.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on
Patna High Court CR. MISC. No.18908 of 2026(2) dt.26-03-2026
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          confessional statement of Aman Kumar Das in police custody,

          which does not have any evidentiary value. It is next submitted

          that after Amendment in the Excise Act, 2018, the concept of

          deemed possession and presumed offender has been done away

          with.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Harlakhi P. S. Case No.31 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then
               Patna High Court CR. MISC. No.18908 of 2026(2) dt.26-03-2026
                                                           3/3




                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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