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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to bail bonds and verification of criminal antecedents, under Section 482(2) of the B.N.S.S.

Summary

Petitioners Deepak Kumar and Prakash Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, alleging recovery of 11 litres of liquor from a plastic sack thrown from a motorcycle. They argued that no arrest or seizure occurred at the spot, the alleged possession was not on their premises, and the case relied on a confessional statement of a co‑accused taken in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on furnishing bail bonds of Rs.15,000 with two sureties each, and directed verification of the petitioners' criminal antecedents, with the bail to be confirmed or revoked based on that verification. The order was made under Section 482(2) of the B.N.S.S., noting that the 2018 amendment to the Excise Act had done away with the concept of deemed possession and presumed offender.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
  • Whether a confessional statement of a co‑accused taken in police custody can form the basis for arrest.
  • Whether the concept of deemed possession and presumed offender remains applicable after the 2018 amendment to the Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28997 of 2026
                         Arising Out of PS. Case No.-28 Year-2026 Thana- CHERKI District- Gaya
                 ======================================================
           1.     Deepak Kumar S/o- Satan Yadav Village- Palhad Khurd PS-Sherghati Dist-
                  Gaya
           2.    Prakash Kumar S/o- Laltu Yadav Village- Palhad Khurd PS-Sherghati Dist-
                 Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar
                 For the Opposite Party/s :       Mr. Suman Kumari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of three cases, out of which, one

                   case is under the Excise Act and petitioner no.2 is a person with

                   clean antecedent and allegation is of recovery of 11 litres of

                   liquor from a plastic sack allegedly thrown from a motorcycle.

                   It is next submitted that petitioners were not arrested from the

                   spot as such nothing was recovered from their conscious
Patna High Court CR. MISC. No.28997 of 2026(2) dt.30-04-2026
                                            2/3




          possession and even alleged recovery is from a place which

          does not belong to the petitioners and nor the motorcycle was

          seized and they came to be implicated based on confessional

          statement of Yugesh in police custody which does not have any

          evidentiary value. It is also 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.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.15,000/- (Rupees fifteen 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 Cherki P.S. Case No.28/2026, subject

          to the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioner no.1 has antecedent
             Patna High Court CR. MISC. No.28997 of 2026(2) dt.30-04-2026
                                                         3/3




                       of more than three cases and petitioner no.2 has antecedent of

                       even one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification the criminal

                       antecedent as recorded hereinabove tallies with the petitioners in

                       that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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