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Patna High Court

Dilkhush KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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