Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedents.
Summary
The petitioner, Dhiraj Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 255 litres of liquor recovered from two motorcycles, under Sections 111(3), 111(4), 317(2), 317(4) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He argued that he had no prior criminal record, was not the owner of the seized vehicles, and the case was based solely on a confessional statement made by a co‑accused while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court noted the 2018 amendment to the Excise Act that abolished the doctrine of deemed possession and presumed offender, and therefore found merit in the petitioner's claim. It granted provisional anticipatory bail conditioned on a Rs.500 bond, two sureties of equal amount, and a verification of the petitioner's antecedents by the trial court; the bail would be confirmed only if the petitioner is found to have a clean record.
Issues considered
- Whether anticipatory bail should be granted in the present case
- Whether the confessional statement of the co‑accused is admissible as evidence
- Whether the doctrine of deemed possession applies after the 2018 amendment to the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Narcotic Substances Act — s. 111(3), 111(4), 317(2), 317(4), 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- confessional statement
- deemed possession
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29925 of 2026
Arising Out of PS. Case No.-105 Year-2026 Thana- RAJAOLI District- Nawada
======================================================
Dhiraj Kumar S/O Suresh Sao R/O Village - Nemanbigha, P.S- Rajauli, Dist-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 Sections 111(3),
111(4), 317(2), 317(4) of the BNS and Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 255 litres of liquor from two motorcycles. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and is not
the owner of any of the seized vehicles and he came to be
implicated based on confessional statement of Gaurav in police
custody which does not have any evidentiary value. It is also
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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 petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Rajauli P.S. Case No.105/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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