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Patna High Court

Gaurav Kumar @ Gaurav Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Gaurav Kumar Jha, was arrested in connection with the alleged recovery of 841.650 litres of liquor from a pickup vehicle and charged under Section 30(a) of the Bihar Excise Act. He contended that he was not caught in the act, no liquor was found in his possession, and his implication stemmed solely from a co-accused's confessional statement, which he argued lacks evidentiary value. He further pointed out that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, strengthening his claim for bail. The State opposed the bail application, citing the seriousness of the offence and the petitioner’s prior criminal history. After considering the arguments, the Court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties, directing compliance with the trial court.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Excise Act when the alleged involvement is based on a co-accused's confessional statement.
  • Whether the 2018 amendment to the Bihar Excise Act, which removed the doctrine of deemed possession and presumed offender, affects the bail eligibility of the petitioner.

Subjects

  • bail
  • excise law
  • Section 30
  • presumed offender
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29506 of 2026
                      Arising Out of PS. Case No.-34 Year-2025 Thana- SUKHANI District- Kishanganj
                 ======================================================
                 Gaurav Kumar @ Gaurav Kumar Jha S/o Shubhash Kumar Jha R/o Village -
                 Bisanpur Deohri, Ward No.- 15, P.S - Dhamdaha, District - Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 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, Mr. Chandra Bhushan Prasad.

                                2. The petitioner seeks bail 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

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 841.650

                   liters of liquor from a pick up 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

                   confessional statement of apprehended accused in police
            Patna High Court CR. MISC. No.29506 of 2026(2) dt.04-05-2026
                                                        2/2




                      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 petitioner is

                      in custody since 24.03.2026.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (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 Sukhani

                      P.S. Case No. 34 of 2025.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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