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Patna High Court

Priya Kumar Singh @ Priya KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
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                       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


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