Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent, with confirmation contingent on the antecedent check.
Summary
The petitioner, Deepak Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 111 and 112 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging recovery of 200 litres of liquor from a field not owned by him. He argued that he was not caught in possession, that the recovery was based solely on a confessional statement of an accused in police custody, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if more than four prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in offences under Sections 111, 112 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender
- Whether a confessional statement of an accused in police custody suffices to justify arrest without direct possession
Legislation cited
- Bihar Narcotic Substances Act — s. 111, 112, 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- presumed offender
- confessional statement
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30371 of 2026
Arising Out of PS. Case No.-35 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Deepak Kumar son of Late Hira Prasad R/V -Bithuna, PS- Bashantpur ,Dist -
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
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 offences punishable under Sections 111 and
112 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
allegation is of recovery of 200 litres of liquor from sugarcane
field of Birendra Baitha.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.30371 of 2026(2) dt.04-05-2026
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Guddu in police 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 further
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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.
20,000/- (Rupees Twenty 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
Baikunthpur P.S. Case No. 35 of 2025, 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
Patna High Court CR. MISC. No.30371 of 2026(2) dt.04-05-2026
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in the event if it is found that petitioner has antecedent of more
than four cases 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 has antecedent of four
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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