Created by Fuzzy Cloud

Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, with provisional bail granted subject to verification of the petitioner’s antecedent.

Summary

Vivek 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, where he was alleged to have recovered 8.640 litres of liquor from a bag thrown by an accused who fled on a motorcycle. The petitioner argued that he had a clean antecedent, was not arrested at the scene, and that no liquor was found in his conscious possession; the allegation was based solely on a confessional statement of another accused, Sanjeet, which the petitioner contended lacked evidentiary value. The State opposed the bail, citing the seriousness of the offence. The Court, noting the amendment to the Excise Act that removed the concepts of deemed possession and presumed offender, granted provisional anticipatory bail subject to a Rs.500 bail bond with two sureties and directed verification of the petitioner’s antecedent. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence under Section 30(a) of the Excise Act is based solely on a co-accused's confessional statement and no arrest has occurred.
  • Whether the amendment to the Excise Act, 2018 eliminating deemed possession and presumed offender, affects the grant of anticipatory bail.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify the issuance of anticipatory bail.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22458 of 2026
                  Arising Out of PS. Case No.-60 Year-2025 Thana- EXCISE MAHAMMADPUR District-
                                                        Gopalganj
                 ======================================================
                 Vivek Kumar S/O Umesh Mahato R/O Village - Mohammadpur, P.S-
                 Mohammadpur, District- Gopalganj (Bihar)

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

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

2   08-04-2026                  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 is a person with clean antecedent and allegation is

                   of recovery of 8.640 litres of liquor from a bag allegedly thrown

                   by accused who fled with the motorcycle.

                                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 he came to be

                   implicated based on confessional statement of Sanjeet in police
Patna High Court CR. MISC. No.22458 of 2026(2) dt.08-04-2026
                                            2/3




          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.

                       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.500/- (Rupees Five Hundred) 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

          Excise Mohammadpur P. S. Case No.60 of 2025, 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

          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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.22458 of 2026(2) dt.08-04-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.