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Patna High Court

Dhiraj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.29925 of 2026(2) dt.06-05-2026
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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
             Patna High Court CR. MISC. No.29925 of 2026(2) dt.06-05-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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