Patna High Court
Manoj RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedents and compliance with the conditions imposed under Section 482(2) of the BNSS.
Summary
The petitioners, three brothers from Chapra, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 250 litres of liquor from four vehicles. They argued they had no clean possession of the liquor, were not apprehended at the spot, and the case against them relied solely on a confessional statement of another accused, which they claimed lacked evidentiary value. They further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify the petitioners' criminal antecedents, with the bail to be confirmed or revoked based on that verification.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act given the alleged recovery of liquor and lack of direct possession.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of bail.
- Whether a confessional statement of an accused in police custody can form the basis for arrest without other corroborative evidence.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- confessional statement
- clean antecedent
- Section 482(2)
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30820 of 2026
Arising Out of PS. Case No.-203 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
1. Manoj Ray S/O Baleshwar Ray Resident of Vill.- Dhahiyawa near Umanath
Mandir, P.S.- Chapra Town, P.O.- Chapra, Dist.- Saran at Chapra- 841301
2. Munna Ray @ Munna Kumar S/O Baleshwar Ray Resident of Vill.-
Dhahiyawa near Umanath Mandir, P.S.- Chapra Town, P.O.- Chapra, Dist.-
Saran at Chapra- 841301
3. Tuntun Ray @ Tuntun Kumar S/O Baleshwar Ray Resident of Vill.-
Dhahiyawa near Umanath Mandir, P.S.- Chapra Town, P.O.- Chapra, Dist.-
Saran at Chapra- 841301
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan
For the Opposite Party/s : Mr. Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 250 liters of liquor from four different vehicles.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.30820 of 2026(2) dt.07-05-2026
2/3
owner of any of the seized vehicles and they came to be
implicated based on confessional statement of apprehended
accused 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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 Chapra
Town P.S. Case No. 203 of 2026 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 petitioners and in the
event if it is found that any of the petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
Patna High Court CR. MISC. No.30820 of 2026(2) dt.07-05-2026
3/3
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioner
who had concealed his antecedent, but after verification if it is
found that petitioners are persons with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.