Patna High Court
Manager RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail bond conditions.
Summary
The petitioner, Manager Rai, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for alleged recovery of 100 litres of liquor from an auto. He contended that he was not caught in possession, that the seizure was based solely on confessional statements of two persons taken in police custody, and that such statements lack evidentiary value. He further argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that his prior six cases under the Act should not automatically preclude bail. The State opposed the bail. The Court granted provisional anticipatory bail on condition of a Rs 30,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than six prior cases are found, the bail will not be confirmed, but if only six are confirmed, the bail will be affirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 32(3) of the Bihar Excise Act.
- Whether confessional statements made in police custody constitute sufficient evidence to deny anticipatory bail.
- Effect of the 2018 amendment removing deemed possession and presumed offender on bail considerations.
- Whether the petitioner’s prior six cases under the Excise Act should preclude anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- prior convictions
- Bihar Excise Act
- Section 30
- Section 32
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28962 of 2026
Arising Out of PS. Case No.-128 Year-2024 Thana- Excise P.S. District- Saran
======================================================
Manager Rai S/O Late Anarshi Rai R/o village - Sadha Newaji Tola , P.s-
Chapra Muffasil , District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of six cases under the Excise Act and
allegation is of recovery of 100 liters of liquor from an Auto.
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 Auto and came to be implicated based on
confessional statement of Rishi and Manu in police custody
which does not have any evidentiary value. It is next submitted
Patna High Court CR. MISC. No.28962 of 2026(2) dt.30-04-2026
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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. It is further submitted
that petitioner in similar manner came to be implicated in cases
relating to Excise earlier.
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.
30000/- (Rupees Thirty 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 Sadar
Excise P.S. Case No. 128 of 2024 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
Patna High Court CR. MISC. No.28962 of 2026(2) dt.30-04-2026
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event if it is found that petitioner has antecedent of more than six
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 six cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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