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Patna High Court

Rishikesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

Petitioners Rishikesh Kumar and Amresh Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in a case registered for offences under Section 111 of the B.N.S. and Section 30(a) of the Excise Act, alleging that 270 litres of liquor were recovered from a Maruti Suzuki car. They contended that they were not in possession of the vehicle, were not the owners, and that the sole incriminating material was a confessional statement made by Shiv Shankar in police custody, which they argued had no evidentiary value, especially after the 2018 amendment to the Excise Act that removed the concept of deemed possession. The State opposed the anticipatory bail. The court granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs 30,000 with two sureties, and that they surrender within six weeks. The order is subject to verification of their criminal antecedents; if the antecedent count exceeds the disclosed numbers, the bail will not be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. despite the petitioners' prior criminal antecedents and alleged involvement in excise offences.
  • Whether a confessional statement made in police custody, without corroboration, can be relied upon to deny anticipatory bail.
  • Effect of the 2018 amendment to the Excise Act removing the doctrine of deemed possession on the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • criminal antecedent
  • confessional statement
  • deemed possession
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28263 of 2026
                      Arising Out of PS. Case No.-77 Year-2026 Thana- SONBERSA District- Sitamarhi
                 ======================================================
           1.     Rishikesh Kumar S/o Suresh Singh Resident of Village - Bariyarpur P.S. and
                  District -Sitamarhi.
           2.    Amresh Kumar @ Bhola S/o Ram Dular Ray Resident of Village -
                 Bariyarpur P.S. and District -Sitamarhi.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar
                 For the Opposite Party/s :        Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Section 111 of the B.N.S. and Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of six cases out of which four

                   cases are under the Excise Act and petitioner no.2 has

                   antecedent of five cases out of which two cases are under the

                   Excise Act and the allegation is of recovery of 270 litres of

                   liquor from a Maruti suzuki car.

                                4. The learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.28263 of 2026(2) dt.29-04-2026
                                            2/3




          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and are not the

          owners of the seized vehicle and he came to be implicated based

          on confessional statement of Shiv Shankar in police custody,

          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. It is next submitted that police in majority of cases

          implicating innocent persons either at the behest of Chaukidar,

          local person, secret information and confessional statement in a

          mechanical manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.30,000/- (Rupees Thirty Thousand) 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 Sonbarsa P. S. Case No.77 of 2026, subject to
               Patna High Court CR. MISC. No.28263 of 2026(2) dt.29-04-2026
                                                           3/3




                         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 petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioner no.1 has antecedent of more than six

                         and petitioner no.2 has antecedent of more than five cases, then

                         it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their 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 no.1 has antecedent of six

                         cases only and petitioner no.2 has antecedent of five cases only,

                         in that event, the provisional anticipatory bail order shall be

                         confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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