Patna High Court
Rahul Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases.
Summary
The petitioner, Rahul Kumar, sought anticipatory bail after the police registered a case under Sections 30(a), 41(1) and 41(2) of the Bihar Excise Act alleging recovery of 20 litres of liquor near a brick kiln. He contended that the liquor was not in his possession, the recovery was based solely on a confessional statement made by Rohit while in police custody, and that such a statement lacks evidentiary value. He further argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the investigation was mechanically driven without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, noting that if more than two prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail should be granted in a case under the Bihar Excise Act based on the facts presented
- Whether a confessional statement made in police custody is admissible as evidence for arrest
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure (CrPC) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- deemed possession
- presumed offender
- criminal antecedent
- provisional bail
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28051 of 2026
Arising Out of PS. Case No.-296 Year-2026 Thana- Excise P.S. District- Aurangabad
======================================================
Rahul Kumar @ Sonu S/O Dholan Singh Resident of vill-Santhua PS-
Risiyap Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Singh
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 30(a) and
41 (1) and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 20 liters of liquor from a place near
a brick kiln.
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 even alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and came to be implicated
Patna High Court CR. MISC. No.28051 of 2026(2) dt.28-04-2026
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based on confessional statement of Rohit 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
Aurangabad Excise P.S. Case No. 296 of 2026 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
Patna High Court CR. MISC. No.28051 of 2026(2) dt.28-04-2026
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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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