Patna High Court
Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent.
Summary
The petitioner, Ranjan Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where liquor was allegedly recovered from a bag and from a person named Ranjan. He argued that he had no clean possession, the alleged recovery occurred at a location not belonging to him, and his name merely resembled that of the accused, with the only link being a confessional statement made by the accused in police custody, which he claimed lacks evidentiary value. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, directing the trial court to verify the petitioner’s antecedent and confirm the bail if no prior cases are found, otherwise to cancel it.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances.
- Whether the confessional statement of the accused in police custody can be used to implicate the petitioner.
- Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- deemed possession
- presumed offender
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24498 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Ranjan Kumar Son of Rajesh Chaudhary @ Shiv Barat Chaudhary @
Rajendra Chaudhary R/o Village - Afzalpur, P.S. - Sherghati, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
======================================================
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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 6.375 liters of liquor from a bag and 9 liters of
liquor from possession of Ranjan.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 petitioner has no concern or relation with Ranjan though
Patna High Court CR. MISC. No.24498 of 2026(2) dt.20-04-2026
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name of the petitioner is akin to the name of the accused who
was apprehended and he came to be implicated based on
confessional statement of Ranjan in police 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.
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.
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 Excise
Sherghati P.S. Case No. 368 of 2025 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
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
Patna High Court CR. MISC. No.24498 of 2026(2) dt.20-04-2026
3/3
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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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