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Patna High Court

Manoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail, granting provisional bail subject to conditions and verification of antecedents.

Summary

Manoj Kumar applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for allegedly recovering 40.8 litres of liquor from two motorcycles. The petitioner argued he was not in possession of the seized vehicles, the allegation rested on a confessional statement made in police custody, and the recent amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and verification of his criminal antecedents. The order stipulated that if more than one antecedent case is found, the bail would not be confirmed; if only one antecedent is found, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act
  • Whether the confessional statement of Subhash made in police custody is admissible for granting bail
  • Effect of the amendment to the Excise Act, 2018 removing deemed possession and presumed offender concepts on bail considerations
  • Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • confessional statement
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30788 of 2026
                 Arising Out of PS. Case No.-131 Year-2025 Thana- THAKRAHA District- West Champaran
                 ======================================================
                 Manoj Kumar S/O Pramod Mukhiya R/O Village- Mangalpur, Rakhahi, P.S.-
                 Sreenagara (Pujaha) Distt.- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Khushi Awadh
                 For the Opposite Party/s :      Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case and allegation is of

                   recovery of 40.8 litres of liquor from two different motorcycles.

                                4. The learned counsel for the petitioner submits 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 vehicle and he came to be implicated based on

                   confessional statement of Subhash in police custody, which does

                   not have any evidentiary value. It is also submitted that after
Patna High Court CR. MISC. No.30788 of 2026(2) dt.07-05-2026
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          Amendment in the Excise Act, 2018, the concept of deemed

          possession and presumed offender has been done away with.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Thakraha P. S. Case No.131 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before

          this Court, in that event, the present provisional anticipatory bail
               Patna High Court CR. MISC. No.30788 of 2026(2) dt.07-05-2026
                                                           3/3




                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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