Patna High Court
Shubhash Kumar @ Shubhash DasversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted, subject to verification of the petitioner’s criminal antecedents and compliance with the conditions of Section 438(2) Cr.P.C.
Summary
The petitioner, Shubhash Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 123.75 litres of liquor. The petitioner argued that he was not in possession of the liquor, was not the owner of the seized vehicle, and the case was based solely on a confessional statement made in police custody, which he claimed lacked evidentiary value. He 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 granted provisional anticipatory bail, subject to the petitioner furnishing bail bonds and two sureties, and directed the trial court to verify his criminal antecedents, with the bail to be confirmed only if he has at most one prior case.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence under the Excise Act is based on a confessional statement and no possession is established
- Effect of the 2018 amendment to the Excise Act removing deemed possession on the grant of anticipatory bail
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28086 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Shubhash Kumar @ Shubhash Das S/O Sikindra Das @ Sikandar Daas R/o
Village- Sisahani P.S.-Pakaridayal Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Ranjana Srivastava
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 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 123.750 litres of liquor from a
car.
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 car and he came to be implicated based on
confessional statement of Nanhak Mukhiya in police custody,
Patna High Court CR. MISC. No.28086 of 2026(2) dt.24-04-2026
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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 Pakridayal P. S. Case No.153 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.28086 of 2026(2) dt.24-04-2026
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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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