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Patna High Court

Anshu Kumar @ AnshuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Anshu Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a), 30(c) and 44 of the Bihar Excise Act for alleged recovery of liquor and jaggery solution. He contended that nothing was seized from his possession, the alleged recovery site was public, and the sole incriminating evidence was a custodial confession by his cousin Gunja, who has a property dispute with him. The State opposed the bail. The Court granted provisional anticipatory bail on a bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedent by the trial court. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure, noting that the 2018 amendment to the Excise Act removed the concepts of deemed possession and presumed offender.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in view of the alleged offences under the Bihar Excise Act.
  • Whether the custodial confession of Gunja can be relied upon as evidence.
  • Whether the removal of the concepts of deemed possession and presumed offender by the 2018 amendment affects the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 44
  • custodial confession
  • deemed possession
  • presumed offender
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23748 of 2026
                   Arising Out of PS. Case No.-32 Year-2026 Thana- EXCISE MAHARAJGANJ District-
                                                         Siwan
                 ======================================================
                 Anshu Kumar @ Anshu S/o- Krishna Manjhi Resident of Vill-Hulsera Ward
                 no. 3, PS- Bhagwanpur Hat Dist- Siwan

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Kumari Anupam
                 For the Opposite Party/s :     Mr.Braj Kishore Pd.(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 offences punishable under Sections 30(a),

                   30(c) and 44 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 110 litres of liquor from a bush and

                   1000 litres of jawa mahua jaggery solution was destroyed.

                             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.23748 of 2026(2) dt.09-04-2026
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          and is accessible to public at large and he came to be implicated

          based on confessional statement of Gunja in police custody

          which does not have any evidentiary value. It is also submitted

          that Gunja is cousin sister of the petitioner and are having

          dispute relating to property as such it appears that deliberately

          petitioner is implicated by Gunja in order to settle the dispute. 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.

                   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. 5,000/- (Rupees

          Five 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 Excise Maharajganj

          P.S. Case No. 32 of 2026 subject to the conditions as laid down

          under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.23748 of 2026(2) dt.09-04-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than one

                        case 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 one case in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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