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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

Suraj Kumar sought anticipatory bail fearing arrest in a case under Sections 414/34 of the Bihar Narcotic Substances Act and Sections 30(a), 32(ii) and 41(1) of the Bihar Prohibition and Excise Act, 2016. He contended that the allegations of liquor recovery from several vehicles were based solely on a co‑accused’s confessional statement, which he argued lacks evidentiary value, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, applying Section 482(2) of the CrPC, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences under the Bihar Narcotic Substances Act and Bihar Prohibition and Excise Act.
  • Whether a confessional statement of a co‑accused can constitute sufficient basis for arrest in the absence of seized possession.
  • Effect of the 2018 amendment to the Excise Act on the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 482 CrPC
  • Bihar Prohibition and Excise Act
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24584 of 2026
                  Arising Out of PS. Case No.-221 Year-2021 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Suraj Kumar Son of Shambhu Mahto Resident of Mohalla - Veena Concert
                 Lane, Harisabha School Campus, P.S.- Mithanpura, District - Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Alok
                 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 offence punishable under Sections 414/34 of

                   BNS and Sections 30(a), 32(ii) and 41(1) of Bihar Prohibition

                   and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which, two cases

                   are under the Excise Act and allegation is of recovery of 360

                   litres of liquor from an auto, 532.8 litres of liquor from another

                   auto, 146.88 litres of liquor from a maruti car and 13.95 litres of

                   liquor from a motorcycle. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and is not the owner of any of the
Patna High Court CR. MISC. No.24584 of 2026(2) dt.20-04-2026
                                            2/3




          seized vehicle and he came to be implicated based on

          confessional statement of apprehended accused 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. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation. It is further submitted that

          petitioner earlier in similar manner also came to be implicated in

          cases relating to excise.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.15,000/- (Rupees fifteen thousasnd)

          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 Mithanpura P.S. Case No.221/2021, subject
             Patna High Court CR. MISC. No.24584 of 2026(2) dt.20-04-2026
                                                         3/3




                       to the conditions as laid down under Section 482(2) of the

                       B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

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

                       three cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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