Patna High Court
Priya Kumar Singh @ Priya KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with confirmation contingent on the outcome of that verification.
Summary
Petitioner Priya Kumar Singh sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, based on the recovery of 620.250 litres of liquor from a hut belonging to a third‑person, Deepak, and on Deepak’s confessional statement. The petitioner argued that he was not arrested at the spot, had no possession of the liquor, and that the amendment had done away with the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail on condition of furnishing a bail bond of Rs.30,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that if more than six prior cases are found, the bail would not be confirmed. The order is subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether a confessional statement of a third‑person can constitute sufficient basis for implicating the petitioner.
- Whether the amendment to the Excise Act has abolished the doctrine of deemed possession and presumed offender.
- Whether the petitioner’s antecedent criminal cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- Section 30
- provisional bail
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23714 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- Excise P.S. District- Supaul
======================================================
Priya Kumar Singh @ Priya Kumar S/O Durga Singh R/O Village-
Khrailpurawas, Ward No. 16, P.S- Supaul, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pratibha Srivastava, Adv.
Ms. Madhumala Kumari, Adv.
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, 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.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 620.250 litres of liquor from a hut in
the courtyard of Deepak. It is next submitted that petitioner was
not arrested from the spot as such nothing was recovered from
his conscious possession and even alleged recovery is from a
place which does not belong to the petitioner and he has no
concern or relation with Deepak but then he came to be
implicated based on confessional statement of Deepak in police
Patna High Court CR. MISC. No.23714 of 2026(2) dt.09-04-2026
2/3
custody which does not have any evidentiary value. It is also
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
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.30,000/- (Rupees thirty 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 Supaul Excise Sadar P.S. Case No.169/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.23714 of 2026(2) dt.09-04-2026
3/3
event if it is found that petitioner has antecedent of more than
six cases, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of six
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…