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Patna High Court

Babal KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedent cases.

Summary

The petitioner, Babal Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 150 litres of liquor from three motorcycles. He argued that he was not arrested at the spot, had no conscious possession of the seized vehicles, and was implicated solely on a co-accused's confessional statement, which he claimed lacked evidentiary value. The petitioner also contended that recent amendments to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, citing the seriousness of the offence and the petitioner’s prior two cases under the Excise Act. The Court granted provisional anticipatory bail on condition of a Rs.10,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents and compliance with Section 438(2) CrPC, and clarified that the bail would be confirmed only if the antecedent cases do not exceed two.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where the petitioner has prior cases.
  • Whether a confessional statement of a co-accused can constitute sufficient basis to deny anticipatory bail.
  • Effect of the amendment removing the concepts of deemed possession and presumed offender on the grant of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21234 of 2026
                      Arising Out of PS. Case No.-319 Year-2024 Thana- MALSALAMI District- Patna
                 ======================================================
                 Babal Kumar Son of Nanda Rai R/o Village - Sukmarpur, P.S. - Raghopur,
                 Dist. - Vaishali. Presently R/o at Marufganj, P.S. - Malsalami, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  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 has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 150 litres of liquor from three

                   different motorcycles.

                                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 is not the owner of

                   any of the seized motorcycles and he came to be implicated

                   based on confessional statement of Nitish Kumar in police
Patna High Court CR. MISC. No.21234 of 2026(2) dt.01-04-2026
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          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. It is next submitted that police in majority of

          cases implicating innocent persons either at the behest of

          Chaukidar, local person, secret information and confessional

          statement in a mechanical manner without holding a proper

          investigation.

                       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.10,000/- (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 Malsalami P. S. Case No.319 of 2024, 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
               Patna High Court CR. MISC. No.21234 of 2026(2) dt.01-04-2026
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                         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 more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining 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 has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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