Patna High Court
Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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.
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
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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
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