Patna High Court
Kallu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond and sureties, and to verification of the petitioner’s antecedent record.
Summary
The petitioner, Kallu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, where 115 litres of liquor were allegedly recovered from sacks near Diyara, not from his possession. He argued that the case was based solely on a confessional statement made by Pankaj Kumar while in police custody, which he claimed lacks evidentiary value, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The petitioner also highlighted his antecedent record of three prior cases, two under the Excise Act, and contended that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 and two sureties, with the condition that verification of the petitioner’s criminal antecedent would determine whether the bail is confirmed. If more than three prior cases are found, the provisional bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2016.
- Whether the confessional statement of a co-accused made in police custody can form a basis for implicating the petitioner.
- Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on the bail application.
- Whether the petitioner’s criminal antecedent of three prior cases influences the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- Section 30
- Bihar Prohibition and Excise Act
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23142 of 2026
Arising Out of PS. Case No.-175 Year-2023 Thana- ATHMALGOLA District- Patna
======================================================
Kallu Kumar S/O Bhuttal Rai @ Buttu Lal Rai Resident of village - Naya
Tola, Raghopur, P.S- Bakhtiyarpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 115
litres of liquor from three sacks found concealed near Diyara
Area.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner.
It is further submitted that petitioner came to be implicated
Patna High Court CR. MISC. No.23142 of 2026(2) dt.08-04-2026
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based on the confessional statement of Pankaj Kumar in police
custody which does not have any evidentiary value in the eye of
law. It is next 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. It is also submitted
that once an accused is implicated in a case relating to excise the
police start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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 appearing on behalf of the petitioner, let 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 Athmalgola P.S.
Case No. 175 of 2023, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Patna High Court CR. MISC. No.23142 of 2026(2) dt.08-04-2026
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Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than
three cases, it would be presumed that petitioner had concealed
his antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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