Patna High Court
Raju Kumar @ Raju GuptaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of antecedents before confirmation.
Summary
The petitioner, Raju Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 55.6 litres of liquor from a garbage heap. He argued that he was not apprehended at the spot, that no liquor was found in his conscious possession, and that the alleged recovery occurred on premises not belonging to him, relying on a confessional statement made while in police custody, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the investigation was mechanically based on statements without proper inquiry. The State opposed the anticipatory bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and a six‑week surrender, with the trial court to verify the petitioner’s criminal antecedents before confirming the order.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act?
- Does the 2018 amendment to the Bihar Excise Act eliminate the doctrines of deemed possession and presumed offender for the purpose of granting bail?
- Can a confessional statement recorded in police custody be the sole basis for implicating the accused in an excise offence?
Subjects
- anticipatory bail
- excise law
- Section 30
- deemed possession
- confessional statement
- police custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20768 of 2026
Arising Out of PS. Case No.-556 Year-2025 Thana- PATLIPUTRA District- Patna
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Raju Kumar @ Raju Gupta Son of Ram nath sah R/o Ram Janki Mandir
Mainpura, P.S.- Patliputra, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Srivastava
For the Opposite Party/s : Mr. Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 30(a) of the
Bihar 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 55.6 liters of liquor from heap of a
garbage.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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.20768 of 2026(2) dt.17-04-2026
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apprehended accused in police custody which does not have any
evidentiary value. It is also 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 at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10000/- (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 Patliputra
P.S. Case No. 556 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
Patna High Court CR. MISC. No.20768 of 2026(2) dt.17-04-2026
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event if it is found that petitioner has antecedent of more than two
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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