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Patna High Court

Manoj RayversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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


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