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Patna High Court

Prince Kumar @ Dharmvir Kumar @ DhaminversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent, pending a final decision on the merits.

Summary

The petitioner, Prince Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 20.880 litres of liquor recovered from a location adjacent to his house, based solely on a confessional statement made by his brother while in police custody. The petitioner, who claims to have a clean criminal record, argued that the liquor was not in his conscious possession and that the alleged possession occurred on property not owned by him. The State opposed the petition for anticipatory bail, contending that the evidence, though weak, warranted detention. The Court considered the lack of direct possession, the inadmissibility of the brother's confession, and the legislative amendment that abolished the concepts of deemed possession and presumed offender. It granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s antecedent, with the order to be confirmed or set aside based on that verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the alleged possession is not in the accused's conscious possession.
  • Whether a confessional statement of a co-accused made in police custody has evidentiary value for granting bail.
  • Whether the amendment to the Excise Act in 2018 has eliminated the doctrines of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • excise law
  • possession
  • confessional statement
  • clean antecedent
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24719 of 2026
                         Arising Out of PS. Case No.-64 Year-2026 Thana- BYPASS District- Patna
                 ======================================================
                 Prince Kumar @ Dharmvir Kumar @ Dhamin Son of Sri Naresh Sao @
                 Naresh Prasad Resident of Village- Per Pokhara Bahari Begampur, PS-
                 Bypass, Dist- Patna
                                                                        ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Manglam, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, 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 offence punishable under 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 20.880 litres of liquor from a place outside the

                   house of the petitioner.

                                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

                   but then is adjacent to his house and he came to be implicated
Patna High Court CR. MISC. No.24719 of 2026(2) dt.20-04-2026
                                            2/3




          based on the confessional statement of his brother, namely,

          Abhishek in police custody which does not have any evidentiary

          value in the eye of law. It is further 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 Bypass P.S. Case

          No. 64 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.24719 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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