Patna High Court
Abhishek Kumar @ Abhishek Singh @ Abhishek Kumar Singh @ Chhotu SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated bail conditions.
Summary
The petitioner, Abhishek Kumar, sought anticipatory bail fearing arrest in a case under Sections 317(5), 274 and 275 of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, relating to alleged recovery of 120 litres of liquor from six vehicles and a container truck. He contended that he was not caught in possession and that the prosecution’s case relied solely on a confessional statement of another accused, Pramod Sahni, made while in police custody, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the police’s mechanical implication of him improper. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and directed verification of the petitioner’s criminal antecedent, stipulating that if more than two prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the present excise case.
- Whether a confessional statement of a co‑accused made in police custody can form the basis for implicating the petitioner.
- Whether the 2018 amendment to the Bihar Excise Act has eliminated the doctrine of deemed possession and presumed offender for purposes of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 274, 275, 317(5)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- Section 482
- Bihar Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27112 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- SAKRI District- Madhubani
======================================================
Abhishek Kumar @ Abhishek Singh @ Abhishek Kumar Singh @ Chhotu
Singh Son of Ram Prawesh Singh Resident of Village- Gumla, P.S.-
Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra
For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Sections 317(5),
274 and 275 of the BNS, 2023 read with Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise cases
and allegation is of recovery of 120 liters of liquor from six
different vehicles and a container truck was also seized.
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
Patna High Court CR. MISC. No.27112 of 2026(2) dt.23-04-2026
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owner of any of the seized vehicles he came to be implicated
based on confessional statement of Pramod Sahni in police
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. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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.
10000/- (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 Sakri P.S.
Case No. 46 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.27112 of 2026(2) dt.23-04-2026
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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 only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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