Patna High Court
Gorelal 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 antecedent.
Summary
The petitioner, Gorelal Kumar, sought anticipatory bail after learning of a pending case (PS Case No. 649 of 2025) alleging his involvement in the recovery of 1,650 litres of liquor from multiple vehicles, offenses under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued he had no prior criminal record, was not in possession of the seized vehicles at the time of arrest, and that the confessional statement of an apprehended accused was inadmissible. The State opposed the bail, contending the seriousness of the offenses. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.500 bond, two sureties, and verification of the petitioner’s antecedent within six weeks, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offenses under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of an apprehended accused can be relied upon to establish the petitioner’s alleged possession of liquor.
- Whether the amendment to the Excise Act in 2018 has abolished the concepts of deemed possession and presumed offender, affecting bail considerations.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- deemed possession
- clean antecedent
- excise law
- provisional bail
- Section 438 CrPC
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20514 of 2026
Arising Out of PS. Case No.-649 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Gorelal Kumar S/O Bandho Yadav @ Harinandan Yadav Resident of Village-
Bagai, P.S.- Gurpa, Dist.- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, A.P.P.
======================================================
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 offences punishable under Section 317(5) of
the BNS as well as Sections 30(a) and 41 of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1650 litres of liquor from nine different motorcycles
and a Scooty was also seized.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
Patna High Court CR. MISC. No.20514 of 2026(2) dt.31-03-2026
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apprehended accused in police custody which does not have any
evidentiary value in the eye of law. 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, let 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 Fatehpur P.S. Case No. 649 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.20514 of 2026(2) dt.31-03-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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