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Patna High Court

Arvind Kumar @ Arvind SahversusThe state of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s criminal antecedent.

Summary

Arvind Kumar sought anticipatory bail after learning that he might be arrested in a case alleging recovery of 2,466.72 litres of liquor from a truck, offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 (Amendment Act, 2018‑22). He contended that he was not arrested on the spot, had no conscious possession of the liquor, was not the owner of the truck, and that the case against him rested solely on a confessional statement of another accused, which he argued lacks evidentiary value, especially after the 2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.50,000 with two sureties, subject to verification of the petitioner’s criminal antecedent. The order stipulated that if the petitioner is found to have more than ten prior cases, the bail would not be confirmed; if ten or fewer, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act where the accused claims lack of possession and reliance on a co‑accused’s confessional statement.
  • Whether the amendment removing deemed possession and presumed offender affects the bail considerations.
  • Whether the petitioner’s criminal antecedent (ten cases) warrants denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • criminal antecedent
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23413 of 2026
                    Arising Out of PS. Case No.-1958 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Arvind Kumar @ Arvind Sah Son of Prahalad Sah @ Pahlad Sah R/O Vill.-
                 Tengrari, P.S- Siwaipatti, Dist - Muzaffarpur
                                                                        ... ... Petitioner/s
                                                     Versus
                 The state of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :         Ms. Gulnar Begum, A.P.P.
                 ======================================================
                 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.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Act, 2016

                   (Amendment Act, 2018-22).

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of ten cases out of which eight cases

                   are under the Excise Act as would manifest from the

                   supplementary affidavit.

                                4. Office is directed to trace the supplementary

                   affidavit and place the same with the records of the case.

                                5. Allegation is of recovery of 2466.72 litres of liquor

                   from a truck.

                                6. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.23413 of 2026(2) dt.09-04-2026
                                            2/3




          petitioner was not arrested from the spot, as such, nothing was

          recovered from his conscious possession. It is further submitted

          that petitioner is not the owner of the seized truck and came to

          be implicated based on the confessional statement of

          apprehended accused 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.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       8. 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.50,000/-

          (Rupees Fifty Thousand) with two sureties of the like amount

          each to the satisfaction of the learned Trial Court where the case
           Patna High Court CR. MISC. No.23413 of 2026(2) dt.09-04-2026
                                                       3/3




                     is pending/Successor Court in connection with Excise P.S. Case

                     No. 1958 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  9. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than ten

                     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 ten cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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