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Patna High Court

Kamlesh Prasad @ Babloo Kumar @ Ballu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedents.

Summary

The petitioner, Kamlesh Prasad, sought anticipatory bail under Section 438 of the Cr.P.C. in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 50 litres of liquor from the Sone River. He argued that the liquor was not in his conscious possession, the recovery site did not belong to him, and the case against him was based on a confessional statement of a police detainee, which he claimed lacked evidentiary value. He also contended 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 bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of the petitioner’s criminal antecedents.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the bail application.
  • Whether a confessional statement made in police custody is admissible for establishing guilt.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • deemed possession
  • confessional statement
  • Cr.P.C. Section 438
  • B.N.S.S. Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21009 of 2026
                         Arising Out of PS. Case No.-1043 Year-2018 Thana- BIHTA District- Patna
                 ======================================================
                 Kamlesh Prasad @ Babloo Kumar @ Ballu Kumar S/O Chandeshwar Rai
                 R/O Village- Maudahi, P.S.- Bihta, District- Patna
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 50 litres of liquor from the bank of

                   Sone River.

                                4. 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 the alleged

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

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated based on the confessional
Patna High Court CR. MISC. No.21009 of 2026(2) dt.17-04-2026
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          statement of Nand Kishore Rai 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 appearing on behalf of 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.5,000/- (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 Bihta P.S. Case No.

          1043 of 2018, 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 more than 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.21009 of 2026(2) dt.17-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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