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Patna High Court

Dilip Ray @ Deelip KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioner applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act, alleging recovery of 889.920 litres of liquor from a truck. He argued that he was not in possession of the seized goods, was not the owner of the truck, and the case was based solely on confessional statements made in police custody, which he claimed lacked evidentiary value. The petitioner also contended 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, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds and that the trial court verify his criminal antecedents, with the bail to be confirmed if only one prior case is found.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence under Section 30(a) of the Excise Act is based solely on confessional statements and the accused is not in possession of the seized goods.
  • Effect of the 2018 amendment to the Excise Act on the doctrines of deemed possession and presumed offender in bail considerations.
  • What conditions should be imposed on provisional anticipatory bail pending verification of the accused's criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 438 CrPC
  • provisional bail
  • criminal antecedent verification
  • deemed possession
  • presumed offender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27076 of 2026
                         Arising Out of PS. Case No.-323 Year-2025 Thana- BHELDI District- Saran
                 ======================================================
                 Dilip Ray @ Deelip Kumar S/o Modi Ray R/o Village- Harpur Jhakra, P.S-
                 Kalyanpur, Dist- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Alok Kumar Alok
                 For the Opposite Party/s :        Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 889.920 litres of liquor from a

                   truck.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized truck and he came to be implicated based on

                   confessional statement of Rohit and Bihari in police custody,
Patna High Court CR. MISC. No.27076 of 2026(2) dt.23-04-2026
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          which does not have any evidentiary value. It is also submitted

          that after Amendment in the Excise Act, 2018, the concept of

          deemed possession and presumed offender has been done away

          with.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Bheldi P. S. Case No.323 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.27076 of 2026(2) dt.23-04-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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