Patna High Court
Ravi Kant KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.
Summary
The petitioner, Ravi Kant Kumar, sought anticipatory bail fearing arrest in a case under Sections 147 and 153 of the Railway Act, 1989 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that the alleged liquor recovery was from a public place, that he had no conscious possession, and that the prosecution relied on a confessional statement made in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order is conditional on the trial court verifying the petitioner’s antecedent; if any prior case is found, the bail may be withdrawn, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. for offences under the Railway Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether a confessional statement made in police custody is admissible as evidence for granting bail.
- Whether the concept of deemed possession under the amended Excise Act applies to the petitioner’s alleged possession of liquor.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Railway Act, 1989 — s. 147, 153
Subjects
- anticipatory bail
- Section 438 CrPC
- Railway Act
- Excise Act
- confessional statement
- deemed possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24397 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- SONPUR RAIL P.S. District- Saran
======================================================
Ravi Kant Kumar Son of Jagdish Sah Resident of Village- Jahangir, P.S.-
Sonepur in the District of Saran, Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Braj Nandan Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 147 and
153 of the Railway Act, 1989 as well as Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 26.5 litres of liquor from a bag at Parmanandpur
Railway Station.
4. Learned counsel for the petitioner submits that
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
and is accessible to public at large. It is further submitted that
Patna High Court CR. MISC. No.24397 of 2026(2) dt.20-04-2026
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petitioner came to be implicated based on the confessional
statement of Jitendra Kumar in police custody which does not
have any evidentiary value in the eye of law. 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 appearing on behalf of the petitioner, let 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.500/- (Rupees
Five Hundred) 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 Sonepur Rail P.S.
Case No. 09 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.24397 of 2026(2) dt.20-04-2026
3/3
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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