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Patna High Court

Rajesh Kumar Bhagat @ Rajesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

Petitioner Rajesh Kumar Bhagat sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 5.4 litres of liquor and four motorcycles were seized. He contended that he was not arrested on the spot, had no possession of the seized items, and was implicated solely on a confessional statement of another accused, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that police investigations were mechanically based on unreliable information. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, noting that bail could be revoked if more than one prior case is found.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether a confessional statement of an accused in police custody can form the basis for implicating another person.
  • Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • deemed possession
  • confessional statement
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20182 of 2026
                        Arising Out of PS. Case No.-220 Year-2025 Thana- ISUAPUR District- Saran
                 ======================================================
                 Rajesh Kumar Bhagat @ Rajesh Kumar S/o Bhikhari Mahto @ Nageshwar
                 Prasad R/o village - Gongoi Isuapur, P.S - Isuapur, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hemant Kumar
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 one case under the Excise Act and

                   allegation is of recovery of 5.4 litres of liquor and four

                   motorcycles were seized. 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 any of the

                   seized vehicles and he came to be implicated based on

                   confessional statement of apprehended accused in police

                   custody which does not have any evidentiary value. It is next
Patna High Court CR. MISC. No.20182 of 2026(2) dt.31-03-2026
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          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.5000/- (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 Isuapur P.S. Case No.220/2025, 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

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.20182 of 2026(2) dt.31-03-2026
                                                         3/3




                       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 one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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