Patna High Court
Sandeep kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.
Summary
The petitioner, Sandeep Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged recovery of 273.15 litres of liquor from two vehicles. He argued that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the vehicles, relying on a confessional statement of a co‑accused, Sunil Kumar, which he claimed lacks evidentiary value. The State opposed his application for anticipatory bail. The Court considered the submissions and granted the petitioner provisional anticipatory bail, subject to a bail bond of Rs.500 and two sureties of the same amount, to be confirmed by the trial court after verification of his antecedents. The order conditions that if any prior case is found, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed forthwith. The decision rests on the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S.
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 made in police custody is admissible for establishing guilt
- Whether the concept of deemed possession or presumed offender survives after the 2018 amendment to the Excise Act
- Whether the petitioner’s lack of conscious possession and clean antecedent justify the grant of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor seizure
- confessional statement
- deemed possession
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29126 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- RAJEPUR District- East Champaran
======================================================
Sandeep Kumar S/o Late Mahesh Sah R/o Village - Rajepur, P.S. - Rajepur,
Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 273.15 litres of liquor from two vehicles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of any of the seized vehicles and
came to be implicated based on the confessional statement of
apprehended accused, namely, Sunil Kumar in police custody
which does not have any evidentiary value in the eye of law. It
Patna High Court CR. MISC. No.29126 of 2026(2) dt.04-05-2026
2/3
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.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees
Five Hundred) 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 Rajepur P.S. Case
No. 15 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.29126 of 2026(2) dt.04-05-2026
3/3
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…