Patna High Court
Prithvi KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
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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
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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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