Patna High Court
Shriram Kumar @ Prahalad 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 criminal antecedents.
Summary
Shriram Kumar sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where liquor was allegedly recovered from a third‑party named Santosh and from a motorcycle. The petitioner argued that no liquor was found in his possession, he was not the owner of the vehicle, and the only link to him was a confessional statement made by Santosh in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the bail application. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents, noting that if more than two prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is under Section 30(a) of the Bihar Prohibition and Excise Act and the accused has no direct possession of the seized liquor.
- Whether the 2018 amendment removing deemed possession and presumed offender applies to the present case.
- Whether a confessional statement made by a co‑accused in police custody can form a basis for implicating the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- presumed offender
- confessional statement
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19413 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- Kalibagh District- West Champaran
======================================================
Shriram Kumar @ Prahalad kumar Son of Pramod Mahto Resident of Village
- Garbhua Lala Tola, Ward no. 5, P.S. - Sirisiya, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Shrivastava
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 1.875 litres of liquor from
possession of Santosh and 7.380 litres of liquor from a
motorcycle. It is next submitted 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 has no
concern or relation with Santosh but then came to be implicated
based on confessional statement of Santosh in police custody
Patna High Court CR. MISC. No.19413 of 2026(2) dt.26-03-2026
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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 also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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.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 Kalibagh P.S. Case No.12/2026, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.19413 of 2026(2) dt.26-03-2026
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event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
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