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Patna High Court

Kamlesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted where the petitioner has a clean antecedent, no evidence of possession, and the amendment removing deemed possession negates any presumption of guilt.

Summary

Kamlesh Kumar applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for allegedly recovering 1.5 litres of liquor from a bush behind a petrol pump. The petitioner argued that he has a clean antecedent, was not arrested at the scene, and no liquor was found in his possession; the allegation was based solely on a confessional statement of another accused. The State opposed the bail, contending that the offence warranted detention. The Court noted that the amendment to the Excise Act, 2018, has removed the concept of deemed possession and that a confessional statement of a co‑accused lacks evidentiary value. Considering the petitioner’s clean record and lack of direct evidence, the Court granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and verification of antecedents by the trial court. The order is conditional on Section 438(2) of the Cr.P.C. and may be revoked if any prior case is discovered.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act when the accused has no possession of the contraband
  • Effect of the 2018 amendment to the Excise Act removing the concept of deemed possession on bail considerations
  • Whether a confessional statement of a co‑accused can form the basis for denying anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • Section 438 CrPC
  • deemed possession
  • confessional statement
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20629 of 2026
                   Arising Out of PS. Case No.-378 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Kamlesh Kumar, S/o Surendra Thakur R/o Village- Bhanaspatti, P.S-
                 Runnisaidpur, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Parmeshwar Vishwakarma
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 1.5 litres of liquor from a bush behind a petrol

                   pump.

                                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 even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.20629 of 2026(2) dt.31-03-2026
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          Ranjit Kumar 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.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

          Runnisaidpur P. S. Case No.378 of 2025, 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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.20629 of 2026(2) dt.31-03-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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