Patna High Court
Amit Kumar Ranjan @ Amit Ranjan @ Suddu @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Amit Kumar Ranjan, sought anticipatory bail fearing arrest in a case involving alleged recovery of 70.5 litres of liquor and offences under several sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that he was not in possession of the liquor, was not the owner of the vehicle, and that the case against him rested solely on a confessional statement made by another person in police custody, which he argued lacks evidentiary value. He 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, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., directing the trial court to verify the petitioner’s criminal antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged.
- Whether the confessional statement of a co-accused made in police custody can form the basis for arrest in the absence of other evidence.
- Whether the amendment to the Excise Act removing deemed possession and presumed offender concepts affects the bail application.
Legislation cited
- Bihar Narcotic Substances Act — s. 111(2)(b), 111(4), 317(2), 318(4), 336(3), 338
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- deemed possession
- presumed offender
- excise law
- criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27345 of 2026
Arising Out of PS. Case No.-52 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Amit Kumar Ranjan @ Amit Ranjan @ Suddu @ Amit Kumar S/o Avdesh
Prasad @ Awadhesh Prasad R/o Village- Amathua, P.S- Kako, Dist-
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinesh Jha, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 318(4),
338, 336(3), 317(2), 111(2)(b) and 111(4) of the BNS as well as
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 70.5 litres of liquor from a car.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle but then
Patna High Court CR. MISC. No.27345 of 2026(2) dt.24-04-2026
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came to be implicated based on the confessional statement of
Golu Kumar @ Amrendra Singh 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 petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his 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) 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 Hulashganj P.S.
Case No. 52 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 petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.27345 of 2026(2) dt.24-04-2026
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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
petitioner has 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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