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Patna High Court

Deepak KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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