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Patna High Court

Kallu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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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