Patna High Court
Parvindra SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioners' criminal antecedent.
Summary
The petitioners, Parvindra Singh and Raja Sharma, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 1633.92 litres of liquor were recovered from a Bolero pick‑up. They contended that they were not arrested on the spot, did not have the vehicle in their possession, and that the only evidence against them was a confessional statement made by Vikash Singh @ Lullu while in police custody, which they argued lacked evidentiary value. They further submitted 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 granted provisional anticipatory bail on the condition that the petitioners furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify their criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether a confessional statement made in police custody is sufficient grounds to deny anticipatory bail.
- Whether the 2018 amendment to the Excise Act has removed the doctrine of deemed possession and presumed offender for bail considerations.
- How the petitioners' criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26984 of 2026
Arising Out of PS. Case No.-43 Year-2025 Thana- CHIHARA District- Jamui
======================================================
1. Parvindra Singh S/O Late Sarbajit Singh R/O Punjabi Mohalla, Giridih, P.S-
Girdih, Distt.- Girdih.
2. Raja Sharma S/O Madhu Sudan Sharma R/O Village- Sirsiya, P.S-
Muffassil, Giridih, Distt.- Giridih, State Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
allegation is of recovery of 1633.92 litres of liquor from a
Bolero Pick-Up.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is further
submitted that petitioners are not the owner of the seized vehicle
Patna High Court CR. MISC. No.26984 of 2026(2) dt.24-04-2026
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and came to be implicated based on the confessional statement
of Vikash Singh @ Lullu in police custody which does not have
any evidentiary value in the eye of law. 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 petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the
petitioners, above-named, in the event of their arrest or
surrender within a period of six weeks from today, be released
on provisional anticipatory bail on furnishing bail bonds of
Rs.5,000/- (Rupees Five Thousand) each 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 Chihra P.S. Case No. 43 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of more than
Patna High Court CR. MISC. No.26984 of 2026(2) dt.24-04-2026
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one case, it would be presumed that petitioners had concealed
their antecedent before this Court at para 3 of the anticipatory
bail application in that event the provisional anticipatory bail
order shall not be confirmed but if it is found on verification that
petitioners have antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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