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Patna High Court

Prithvi KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

Petitioner Prithvi Kumar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32 of the Bihar Excise Act, alleging that liquor and two motorcycles were seized but none were found in his possession and he is not the owner. He contended that the case against him relied on a confessional statement made by Akhilesh while in police custody, which he argued lacks evidentiary value, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify his criminal antecedent. The order stipulated that if the petitioner is found to have more than three prior cases, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision was based on the need to balance the petitioner’s right to liberty with the seriousness of the alleged offences and the pending verification of his antecedent.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 30(a) and 32 of the Bihar Excise Act where the accused claims lack of possession and reliance on a custodial confessional statement.
  • Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession and presumed offender affects the bail application.
  • Whether the petitioner’s prior criminal antecedent (three cases) warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedent
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21160 of 2026
                      Arising Out of PS. Case No.-925 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Prithvi Kumar S/O Late Mithilesh Yadav R/O Village- Naya Tola, Kumhara,
                 P.S- Agamkuan, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jay Ram Prasad
                 For the Opposite Party/s :      Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026               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 Sections 30(a) and

                   32 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 407.82 litres of liquor from parking

                   behind HIG building and two motorcycles were seized.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized motorcycles and he came to be implicated based on

                   confessional statement of Akhilesh in police custody which does
Patna High Court CR. MISC. No.21160 of 2026(2) dt.01-04-2026
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          not have any evidentiary value. 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. It is further 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. 15,000/- (Rupees

          Fifteen 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 Agamkuan P.S. Case

          No. 925 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

          event if it is found that petitioner has antecedent of more than
              Patna High Court CR. MISC. No.21160 of 2026(2) dt.01-04-2026
                                                          3/3




                        three 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 three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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