Patna High Court
Kundan Singh @ Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Kundan Singh, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 7 litres of liquor. He argued that he had no prior criminal record, the liquor was not found in his possession, and the allegation was based solely on a co-accused’s confessional statement, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The court, noting the amendment to the Excise Act that removed the concepts of deemed possession and presumed offender, granted provisional anticipatory bail subject to a Rs.500 bond with two sureties and a six‑week surrender, pending verification of the petitioner’s antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based on a confessional statement of a co‑accused and no liquor was recovered from the petitioner’s possession.
- Whether the amendment to the Excise Act, 2018, which abolished the concepts of deemed possession and presumed offender, affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- confessional statement
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25129 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- AMNAUR District- Saran
======================================================
Kundan Singh @ Kundan Kumar S/o Shailendra Singh @ Tyagi Singh R/o
Village- Gayaspur Rajput Tola, Police station- Amnour, District- Saran,
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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 is a person with clean antecedent and allegation is
of recovery of 07 litres of liquor from a sack.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.25129 of 2026(2) dt.21-04-2026
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Suresh in police custody, which does not have any evidentiary
value. It is also submitted that after Amendment in the Excise
Act, 2018, the concept of deemed possession and presumed
offender has been done away with.
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.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
Amnour P. S. Case No.43 of 2026, 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
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 obtaining
Patna High Court CR. MISC. No.25129 of 2026(2) dt.21-04-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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