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Patna High Court

Pintu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of his criminal antecedents before confirmation.

Summary

The petitioner, Pintu Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 19.80 litres of liquor from a motorcycle. He was not arrested at the scene, no liquor was found in his possession, and the case against him relied on a confessional statement made by a co‑accused while in police custody, which the petitioner argued lacked evidentiary value. The petitioner sought anticipatory bail, contending that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a Rs 10,000 bond, two sureties, and a six‑week surrender, with a condition that the trial court verify his criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offender was not in immediate possession of the liquor.
  • Whether a confessional statement of a co‑accused made in police custody can form the basis for arrest and denial of bail.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrines of deemed possession and presumed offender for bail considerations.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25873 of 2026
                   Arising Out of PS. Case No.-639 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Pintu Kumar S/O Ramakant Chaudhari R/O Village- Bagahi Nimiya Tola
                 ward no.- 07, Police station- Bairiya, District- West Champaran

                                                                                   ... ... 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. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             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 the

                   petitioner has antecedent of two cases and allegation is of

                   recovery of 19.80 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Anup in police custody which does

                   not have any evidentiary value. It is next submitted that after
Patna High Court CR. MISC. No.25873 of 2026(2) dt.24-04-2026
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          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. 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 Bairiya P.S. Case No.

          639 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 more than two

          cases then it would be presumed that petitioner, for the purposes of

          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 has

          antecedent of two cases in that event the provisional anticipatory
              Patna High Court CR. MISC. No.25873 of 2026(2) dt.24-04-2026
                                                          3/3




                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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