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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedent and conditions under Section 438(2) Cr.P.C.

Summary

The petitioner, Abhishek Kumar, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case under Section 30(a) of the Excise Act alleging recovery of liquor from a vehicle. He argued that he has a clean antecedent, was not in possession of the seized liquor, and that the case against him is based solely on a confessional statement of a co‑accused made in police custody, which he contended lacks evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act has abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) Cr.P.C., directing the trial court to verify the petitioner’s antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act
  • Whether a confessional statement of a co‑accused made in police custody can be the basis for denying anticipatory bail
  • Effect of the 2018 amendment removing deemed possession on the grant of anticipatory bail
  • Conditions to be imposed on provisional anticipatory bail

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22778 of 2026
                       Arising Out of PS. Case No.-67 Year-2026 Thana- BANIAPUR District- Saran
                 ======================================================
                 Abhishek Kumar S/o- Raja Ram Sah R/v- Balua Ps- Jalalpur Dist- Saran at
                 Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 354.96 litres of liquor from a Bolero vehicle

                   along with 10 litres of liquor from a 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 is not the owner of

                   any of the seized vehicle and he came to be implicated based on

                   confessional statement of Anand in police custody, which does
Patna High Court CR. MISC. No.22778 of 2026(3) dt.27-04-2026
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          not have any evidentiary value. It is also 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

          Baniyapur P. S. Case No.67 of 2026, 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

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.22778 of 2026(3) dt.27-04-2026
                                                           3/3




                         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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