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Patna High Court

Dinesh Kumar @ Dinesh Sah @ KalaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                                  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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