Patna High Court
Anish Singh @ Anis SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
Anish Singh sought anticipatory bail after learning that he might be arrested in a case alleging offences under Sections 338, 336(3) and 304(2) of the Bihar Narcotic Substances Act, 2023 and several provisions of the Bihar Excise Act for the alleged recovery of 800 litres of spirit from a Scorpio vehicle. He contended that he was not caught in possession, was not the owner of the vehicle, and that the only basis for his implication was a confessional statement made by Surendra Mahto while in police custody, which he argued lacks evidentiary value. The petitioner further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.20,000 with two sureties and directed verification of the petitioner’s criminal antecedent, stating that if more than four prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged excise offences and serious IPC offences.
- Whether a confessional statement made in police custody has evidentiary value for arrest.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
Legislation cited
- Bihar Excise Act — s. 30(a), 33, 34, 41(1)
- Bihar Narcotic Substances Act, 2023 — s. 304(2), 336(3), 338
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- deemed possession
- criminal antecedent
- section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28329 of 2026
Arising Out of PS. Case No.-217 Year-2026 Thana- MADHAURAH District- Saran
======================================================
Anish Singh @ Anis Singh S/O Ranju Singh @ Ranju Kumar Singh R/O
Village- Tedha, P.S.- Isuapur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh
For the Opposite Party/s : Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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 338,
336(3) and 304(2) of the BNS, 2023 read with Sections 30(a),
41(1), 33 and 34 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 800 liters of spirit from a Scorpio
vehicle.
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 is not the
owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.28329 of 2026(2) dt.29-04-2026
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confessional statement of Surendra Mahto 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.
20000/- (Rupees Twenty 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
Marhowrah P.S. Case No. 217 of 2026 subject to the conditions
as laid down under Section 482 (2) of th BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.28329 of 2026(2) dt.29-04-2026
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than four 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 four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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