Patna High Court
Dilkhush KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Dilkhush Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Excise Act for allegedly concealing 350.250 litres of liquor behind the house of Ram Balak Yadav. The petitioner argued that no liquor was recovered from his possession, he was not arrested at the spot, and the case was based solely on a confessional statement made by Ram Balak Yadav while in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s reliance on such doctrines untenable. The State opposed the bail, but the court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify the petitioner’s criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- What is the propriety of granting anticipatory bail to the petitioner under the Bihar Excise Act?
- Does a confessional statement made in police custody have evidentiary value for the prosecution?
- Does the 2018 amendment to the Bihar Excise Act eliminate the doctrine of deemed possession and presumed offender?
- Should the petitioner be presumed to be an offender in the absence of direct recovery from his possession?
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- presumed offender
- confessional statement
- police custody
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23277 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
Dilkhush Kumar S/O Dhirendar Yadav R/O Vill.- Badhauna ward no. 02, P.S.-
Alamnagar, Dist.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a) and
37 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 350.250 litres of liquor concealed
under straw behind the house of Ram Balak Yadav.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.23277 of 2026(2) dt.09-04-2026
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and he came to be implicated based on confessional statement of
Ram Balak Yadav in police custody which does not have any
evidentiary value. 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 further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
10,000/- (Rupees Ten 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
Udakishungang Excise P.S. Case No. 42 of 2026 subject to the
conditions as laid down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.23277 of 2026(2) dt.09-04-2026
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 two 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 antecedent of two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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