Patna High Court
Rahul kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail fearing arrest in a case involving offences under Sections 272, 273, 420, 467, 468 and 120(B) of the IPC and Sections 30(a), 32, 36 and 41(i) of the Bihar Excise Act. He alleged that he was not caught in possession of the seized liquor (1845 litres) or the vehicles and that the case against him was based solely on a confessional statement of a co‑accused made in police custody, which he contended lacked evidentiary value. He further argued that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a cash bond of Rs 5,000, two sureties of equal amount, and a condition that the trial court verify his criminal antecedents within six weeks, with the bail to be confirmed or revoked based on that verification.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor but the accused was not found in actual possession.
- Whether a confessional statement of a co‑accused made in police custody can be the basis to deny anticipatory bail.
- Effect of the 2018 amendment to the Bihar Excise Act removing the doctrine of deemed possession on the grant of anticipatory bail.
- What conditions may be imposed on provisional anticipatory bail pending verification of antecedents.
Legislation cited
- Bihar Excise Act — s. 30(a), 32, 36, 41(i)
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
- Indian Penal Code — s. 120B, 272, 273, 420, 467, 468
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- IPC
- Bihar Excise Act
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22972 of 2026
Arising Out of PS. Case No.-172 Year-2022 Thana- RAJEPUR District- East Champaran
======================================================
Rahul kumar son of Late Bhushan Ray Resident of village -semraha, Ps-
Rajepur, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 offences punishable under Sections 272, 273,
420, 467, 468 and 120(B) of the Indian Penal Code read with
Sections 30(a), 32, 36 and 41(i) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 1845 liters of liquor from a truck,
pick up vehicle and a motorcycle.
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 is not the
owner of any of the seized vehicles and came to be implicated
Patna High Court CR. MISC. No.22972 of 2026(2) dt.17-04-2026
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based on confessional statement of Ranjit in police custody
which does not have any evidentiary value. It is also 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 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.
5000/- (Rupees Five 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 Rajepur
P.S. Case No. 172 of 2022 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than 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
Patna High Court CR. MISC. No.22972 of 2026(2) dt.17-04-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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