Patna High Court
Anshu Kumar @ AnshuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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