Patna High Court
Gorelal BindversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Gorelal Bind, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging possession of liquor recovered from a neighbour and his backyard. He argued that no liquor was found in his immediate possession, the recovery was based on a confessional statement made in police custody, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case is found, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the context of alleged liquor possession under the Bihar Excise Act.
- Whether the confessional statement of Gendari Paswan, made in police custody, can form a basis for arrest and denial of bail.
- Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- deemed possession
- presumed offender
- confessional statement
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28815 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- DANDARI District- Begusarai
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Gorelal Bind S/o- Late Mahendra Bind R/village- Balha, Katarmala, PS-
Dandari District-Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saket Kumar
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 5 litres of liquor from possession of
Gendari Paswan and 15 litres of liquor from the backyard of the
house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.28815 of 2026(2) dt.30-04-2026
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but then is adjacent to his house and he came to be implicated
based on confessional statement of Gendari 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 further 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.
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 Dandari
P.S. Case No. 9 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.28815 of 2026(2) dt.30-04-2026
3/3
7. It is made clear that thereafter the learned Trial
Court 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 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 one
case in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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