Patna High Court
Dinesh Kumar @ Dinesh Sah @ KalaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Dinesh Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 132.17 litres of liquor. He argued that the liquor was recovered from a joint‑family house, not from his conscious possession, and that the only evidence was a confessional statement made by his father while in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted his prior three cases under the Excise Act and contended that the 2018 amendment had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged liquor was recovered from a joint‑family house.
- Whether a confessional statement made by the petitioner’s father in police custody is admissible as evidence.
- Whether the 2018 amendment to the Excise Act has eliminated the concept of deemed possession and presumed offender.
- Whether the petitioner’s prior three cases under the Excise Act affect his eligibility for anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- joint family property
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23086 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Karvandiya District- Rohtas
======================================================
Dinesh Kumar @ Dinesh Sah @ Kala S/o Rajkumar Sah Resident of Village-
Amra Talab, Sah Tola, PS- Karavandiya, District- Rohtas
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Siddharth Harsh
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 132.17 liters of liquor from house of
the petitioner.
4. Learned counsel for the petitioner submits that the
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.23086 of 2026(2) dt.08-04-2026
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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 he came to be implicated based on
the confessional statement of his father, namely, Raj Kumar in
police custody which does not have any evidentiary value. It is
next submitted that no father would implicate his own son until
is pressurized. It is further submitted that petitioner in similar
manner earlier also came to be implicated in cases relating to
Excise.
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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen
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 Karwandiya P.S.
Case No. 31 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.23086 of 2026(2) dt.08-04-2026
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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 three cases 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 has only three criminal
antecedents in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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