Patna High Court
Guddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioners, subject to bond, sureties, and verification of antecedents, pending confirmation by the trial court.
Summary
The petitioners, Guddu Kumar and Sona Rai, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 18 litres of liquor from a location behind Rakesh's house and 325.080 litres from an auto. They argued they have clean antecedents, were not found in possession of the liquor, are not owners of the seized auto, and the case is based solely on confessional statements of Pawan and Vijay made in police custody, which they claim lack evidentiary value. They further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bond per petitioner, two sureties, and a six‑week period for the trial court to verify their criminal antecedents, with the bail to be confirmed or revoked based on that verification.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is under Sections 30(a) and 41(1) of the Bihar Excise Act.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
- Whether confessional statements made in police custody, without corroboration, can justify denial of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- presumed offender
- confessional statements
- provisional bail
- criminal antecedent
- Section 30
- Section 41
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28078 of 2026
Arising Out of PS. Case No.-340 Year-2025 Thana- DURAULI District- Siwan
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1. Guddu Kumar Son of Bira Rai Resident of village - Kewatliya Jamira, P.S.-
Dariyapur, Distt.- Saran
2. Sona Rai Son of Late Banarsi Rai @ Anarsi Rai Resident of village -
Kewatliya Jamira, P.S.- Dariyapur, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam
For the Opposite Party/s : Mr. Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 18 liters of liquor from a place behind the house of
Rakesh and 325.080 liters of liquor from an Auto.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.28078 of 2026(2) dt.28-04-2026
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recovery is from a place which does not belong to the
petitioners and are not the owner of the seized Auto and they
came to be implicated based on confessional statement of
Pawan and Vijay 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.
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 for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) 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 Durauli
P.S. Case No. 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 petitioners and in the
event if it is found that any of the petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
Patna High Court CR. MISC. No.28078 of 2026(2) dt.28-04-2026
3/3
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to the petitioner who
had concealed his antecedent, but after verification if it is found
that petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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