Patna High Court

Arvind SinghversusThe State of Bihar

Decided: 22 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.

Summary

Arvind Singh sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 55.5 litres of liquor from a motorcycle. He argued he had no possession of the liquor, was not the vehicle owner, and the case was based solely on another accused's confessional statement, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The court, noting the petitioner’s clean antecedent and the weak evidential basis, granted provisional anticipatory bail subject to a modest bond, sureties, and verification of his criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
Whether the confessional statement of another accused provides sufficient basis for arrest.
Effect of the 2018 amendment removing deemed possession and presumed offender concepts on bail considerations.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
deemed possession
presumed offender
confessional statement
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26373 of 2026
                  Arising Out of PS. Case No.-328 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Arvind Singh S/o Late Yogendra Singh @ Nanhak Singh Resident of village -
                 Dastiya, P.S- Kundwa Chainpur, District - East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Manoj Kumar
                 For the Opposite Party/s :     Mr. Meena 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 55.5 liters of liquor from a motorcycle.

                                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 vehicle and came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.26373 of 2026(2) dt.22-04-2026
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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 Kundwa

          Chainpur P.S. Case No. 328 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 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
            Patna High Court CR. MISC. No.26373 of 2026(2) dt.22-04-2026
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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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