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Patna High Court

Govind Kumar @ Goutam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Govind Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 135.75 litres of liquor recovered from a car. He argued he had no conscious possession, was not the vehicle owner, and the case was based solely on a confessional statement made by another person in police custody, which he claimed lacks evidentiary value. The petitioner also highlighted 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 modest bond, two sureties, and verification of the petitioner’s criminal antecedent, with confirmation contingent on a clean record.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in a case of alleged liquor possession under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the confessional statement of a co-accused in police custody provides sufficient basis to deny anticipatory bail.
  • Whether the abolition of deemed possession and presumed offender concepts affects the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Section 438
  • excise law
  • confessional statement
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20577 of 2026
                        Arising Out of PS. Case No.-7 Year-2026 Thana- ALOULI District- Khagaria
                 ======================================================
                 Govind Kumar @ Goutam Kumar, S/O Rajesh Mahto Resident of Village-
                 Pushaho, P.S.- Bithan, Dist.- Samastipur
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jai Kishor Poddar, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, 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 offence punishable under Section 30(a) 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 135.75 litres of liquor from a car.

                                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 the seized vehicle and came to

                   be implicated based on the confessional statement of Nitish

                   Kumar in police custody which does not have any evidentiary

                   value in the eye of law. It is next submitted that after
Patna High Court CR. MISC. No.20577 of 2026(2) dt.31-03-2026
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          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 Alauli P.S. Case No. 07 of 2026, 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

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.20577 of 2026(2) dt.31-03-2026
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                     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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