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Patna High Court

Prakash Kumar @ Prakash Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Prakash Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of liquor from a house not owned by him. He argued that he was not in possession of the liquor, had no relation to the owner, and that the only evidence against him was a confessional statement of the co-accused made in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, making the charge untenable. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent, with the bail to be confirmed only if he has at most two prior cases.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
  • Whether a confessional statement made by a co-accused in police custody can be the basis for denying anticipatory bail.
  • Effect of the 2018 amendment to the Excise Act removing deemed possession and presumed offender on bail considerations.
  • What conditions should be imposed on provisional anticipatory bail pending verification of criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • confessional statement
  • deemed possession
  • presumed offender
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25622 of 2026
                      Arising Out of PS. Case No.-72 Year-2026 Thana- NARDIGANJ District- Nawada
                 ======================================================
                 Prakash Kumar @ Prakash Kumar Yadav S/o Late Ram Prasad Yadav @
                 Ramu Yadav @ Baudhu Yadav Resident of Village- Chourma Banganga, P.S.-
                 Nardiganj, District- Nawada,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Man Mohan Kumar
                 For the Opposite Party/s :       Mr.Nityanand
                 ======================================================
                 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 has antecedent of two cases under the Excise Act

                   and allegation is of recovery of 867.24 litres of liquor from

                   newly constructed house of Raju Kumar.

                                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
Patna High Court CR. MISC. No.25622 of 2026(2) dt.21-04-2026
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          and he has no concern or relation with Raju, but then, he came

          to be implicated based on confessional statement of Raju in

          police custody, which does not have any evidentiary value. It is

          further submitted that after Amendment in the Excise Act, 2018,

          the concept of deemed possession and presumed offender has

          been done away with. It is next submitted that police in majority

          of cases implicating innocent persons either at the behest of

          Chaukidar, local person, secret information and confessional

          statement in a mechanical manner without holding a proper

          investigation.

                       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.10,000/- (Rupees Ten Thousand) 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 Nardiganj P. S. Case No.72 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.25622 of 2026(2) dt.21-04-2026
                                                           3/3




                                      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 more than two cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining 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 has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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