Patna High Court
Guddu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
Guddu Singh sought anticipatory bail after learning that he may be arrested in a case under Section 317(2) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that he was not caught in possession of the alleged liquor, was not the owner of the seized motorcycle, and that the prosecution’s case relied on a confessional statement of another accused, which he claimed lacks evidentiary value, especially after the 2018 amendment that abolished the doctrine of deemed possession. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail on a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent. If the trial court finds more than two prior cases, the bail will not be confirmed; if only two, it will be confirmed. The order is conditional and remains provisional pending that verification.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in view of the alleged offences under the B.N.S. Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether the confessional statement of a co‑accused can form a basis for arrest when the petitioner claims no conscious possession and no ownership of the seized vehicle.
- Whether the 2018 amendment removing the concept of deemed possession affects the bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(2), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- deemed possession
- confessional statement
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22407 of 2026
Arising Out of PS. Case No.-514 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Guddu Singh S/O Prabhunath Singh @ Prabhu Ray R/O Vill- Parmanpatti,
P.S- Mirganj, Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 317(2) of the
BNS, 2023 as well as Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 14.400
litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of
Patna High Court CR. MISC. No.22407 of 2026(2) dt.08-04-2026
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apprehended accused, namely, Rohit Kumar 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.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 Mirganj P.S.
Case No. 514 of 2025, 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 two
cases, 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.22407 of 2026(2) dt.08-04-2026
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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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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