Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
Neeraj Kumar sought anticipatory bail after learning that he might be arrested in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 14.75 litres of liquor from a house owned jointly by Lal Singh and Dheeraj Kumar. The petitioner argued that he had no conscious possession of the liquor, the property was a joint family asset, and the only evidence against him was a confessional statement made by his brother Dheeraj while in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and a condition that the trial court verify the petitioner’s criminal antecedent before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of the petitioner’s brother, made in police custody, can be the sole basis for arrest.
- Whether the amendment removing deemed possession and presumed offender precludes the charge against the petitioner.
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2287 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- DEOKUND District- Aurangabad
======================================================
Neeraj Kumar S/O Kameshwar Prasad R/O Village- Deokund, P.S.- Deokund,
Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 14.75 liters of liquor from house of Lal Singh and
Dheeraj Kumar.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.2287 of 2026(2) dt.27-01-2026
2/3
the house or the liquor kept in the house was within his
knowledge and after amendment in the excise act in the year
2018, the concept of deemed possession and presumed offender
has been done away with and came to be implicated based on
confessional statement of his brother, Dheeraj, in police custody
which does not have any evidentiary value. It is also submitted
that since petitioner is brother of Dheeraj, as such, Dheeraj was
made to confess his name, when petitioner admittedly is a
person with clean antecedent.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Deokund
P.S. Case No. 68 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.2287 of 2026(2) dt.27-01-2026
3/3
Court 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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
1500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.