Patna High Court
Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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