Patna High Court
Chandraket Kumar @ Chandraket RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bond and sureties.
Summary
The petitioner, Chandraket Kumar, sought anticipatory bail after learning that he might be arrested under Section 30(a) of the Bihar Excise Act for the alleged recovery of 150 litres of liquor from a scooty. He argued that he has a clean antecedent, was not in possession of the scooty, and that the case against him is based solely on a confessional statement of another accused, which he claimed lacks evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a modest bond and sureties, directing the trial court to verify the petitioner’s antecedent and conditionally confirm the bail if no prior case is found, otherwise to refuse confirmation.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of another accused provides sufficient basis for arrest in the absence of possession.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- confessional statement
- clean antecedent
- Section 482(2)
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26366 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- MALSALAMI District- Patna
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Chandraket Kumar @ Chandraket Ray Son of Sajivan Ray @ Sanjivan Ray
Present Address - Nurudinganj, P.S.- Malsalami, Distt.- Patna, Permanent
Add. Vill.- Sukumarpur, P.S.- Raghopur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 150 liters of liquor from a Scooty.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized Scooty and came to be implicated based on
confessional statement of apprehended accused in police
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custody which does not have any evidentiary value. It is next
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 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.
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
Malsalami P.S. Case No. 82 of 2026 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 even one case
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 is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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