Patna High Court

Rakesh Kumar @ Rakesh Das @ Rakesh RavidasversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Rakesh Kumar, was implicated in a case under Sections 30(a) and 47 of the Bihar Excise Act for allegedly recovering 36 litres of liquor from a motorcycle. He argued that he was not in actual possession, was not the owner of the vehicle, and that the case was based solely on a confessional statement of another accused, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent, directing that the bail be confirmed if he is found to have a clean record.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the allegations under the Bihar Excise Act.
Whether a confessional statement of another accused can form the basis for arrest in the absence of possession.
Effect of the 2018 amendment removing deemed possession and presumed offender on the bail application.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
possession
confessional statement
clean antecedent
provisional bail
Section 30
Section 47
2018 amendment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29607 of 2026
                   Arising Out of PS. Case No.-32 Year-2026 Thana- EXCISE PAKRIBARAWAN District-
                                                         Nawada
                 ======================================================
                 Rakesh Kumar @ Rakesh Das @ Rakesh Ravidas S/o- Ram Swaroop Ravidas
                 Resident Of Village- Jogachak Ps- Kawakole District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Kumar Prasad
                 For the Opposite Party/s :      Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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 offences punishable under Sections 30(a) and

                   47 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 36 liters of liquor from a motorcycle.

                                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.29607 of 2026(2) dt.05-05-2026
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          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.

                       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.

          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 Excise

          (Pakaribrawan) P.S. Case No. 32 of 2026 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

          event if it is found that petitioner has antecedent of even 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 is a
            Patna High Court CR. MISC. No.29607 of 2026(2) dt.05-05-2026
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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