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Patna High Court

Subhash Kumar @ Loli @ Subash KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s antecedent cases.

Summary

The petitioner, Subhash Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, 2018, alleging the recovery of 3,335.4 litres of liquor from a truck. He argued that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the truck, and that the case was based solely on a confessional statement made by Pradeep Kumar in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedents; if more than two prior cases are found, the bail may be withdrawn, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in a case under Section 30(a) of the Excise Act, 2018.
  • Whether the confessional statement of a co-accused, made in police custody, provides sufficient basis to deny bail.
  • Effect of the amendment to the Excise Act, 2018 removing the concepts of deemed possession and presumed offender on bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • confessional statement
  • criminal antecedent
  • provisional bail
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24051 of 2026
                  Arising Out of PS. Case No.-499 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Subhash Kumar @ Loli @ Subash Kumar S/O Late Hakari Mahato Resident
                 of Village - Maghar, P.S.- Bhagwanpur Hat, District - Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bijay Prakash Singh
                 For the Opposite Party/s :      Mr.Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 3335.4 litres of liquor from a

                   truck.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and is not the owner of

                   the seized truck and he came to be implicated based on

                   confessional statement of Pradeep Kumar in police custody,
Patna High Court CR. MISC. No.24051 of 2026(2) dt.17-04-2026
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          which does not have any evidentiary value and after

          Amendment in the Excise Act, 2018, the concept of deemed

          possession and presumed offender has been done away with. It

          is next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.10,000/- (Rupees Ten 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 Bhagwanpur Hat P. S. Case No.499 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.24051 of 2026(2) dt.17-04-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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