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Patna High Court

Ankit Maharaj @ Ankit kumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Ankit Maharaj, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 9.9 litres of liquor from a third‑party's hut. He argued he had no conscious possession, the alleged recovery was based on a confessional statement of the third party taken in police custody, and 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 bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent, stating that the bail would not be confirmed if any prior case is found.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 274, 275 BNS, 2023 and Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the confessional statement of a third party in police custody can form the basis of the charge.
  • Whether the 2018 amendment to the Excise Act has removed the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • presumed offender
  • confessional statement
  • clean antecedent
  • Section 274 BNS
  • Section 275 BNS
  • Section 30(a) Bihar Prohibition and Excise

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28256 of 2026
                  Arising Out of PS. Case No.-190 Year-2025 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Ankit Maharaj @ Ankit kumar Son of Avdhesh Mahraj @ Awdhesh Maharaj
                 Resident of Village - Bhatgama (Bhatmagar), P.S.- Sarairanjan, District-
                 Samastipur.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 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 274 and

                   275 of the BNS, 2023 as well as Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 9.900 litres of liquor from the hut of Bablu.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a house which does not belong to the petitioner

                   and he came to be implicated based on the confessional
Patna High Court CR. MISC. No.28256 of 2026(2) dt.28-04-2026
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          statement of Bablu in police custody which does not have any

          evidentiary value in the eye of law. It is further 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.500/- (Rupees

          Five Hundred) 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 Sarairanjan P.S.

          Case No. 190 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 even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.28256 of 2026(2) dt.28-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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