Patna High Court
Adarsh Kumar @ Adarsh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bail bonds and verification of their antecedents.
Summary
The petitioners, Adarsh Kumar and Vikash Kumar Singh, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case alleging violation of Section 30(a) of the Excise Act for the alleged recovery of 54 litres of liquor from a motorcycle. They argued that they have clean antecedents, were not arrested at the spot, and that the alleged possession was not in their conscious control, especially for the second petitioner who owned the vehicle but was unaware of its misuse. The prosecution contended that the recovery and the confessional statement of a co-accused implicated them. The Court noted the amendment to the Excise Act removing the concept of deemed possession and, after considering the submissions, directed provisional anticipatory bail subject to bail bonds and verification of antecedents. The order conditions that if any criminal antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in a case under Section 30(a) of the Excise Act.
- Whether the ownership of the vehicle and the alleged recovery of liquor constitute sufficient grounds to deny bail.
- Effect of the amendment to the Excise Act removing deemed possession on the bail application.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438
- clean antecedent
- deemed possession
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31767 of 2026
Arising Out of PS. Case No.-58 Year-2026 Thana- DURGAWATI District- Kaimur (Bhabua)
======================================================
1. Adarsh Kumar @ Adarsh Kumar Singh Son of Santosh Singh Resident of
Village- Dhanechha, P.S.- durgawati, District- Kaimur (Bhabhua)
2. Vikash Kumar Singh Son of Santosh Singh Resident of Village- Dhanechha,
P.S.- durgawati, District- Kaimur (Bhabhua)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tej Narayan Singh
For the Opposite Party/s : Ms.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 54 litres of liquor from a motorcycle.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and petitioner no.2
came to be implicated based on the fact that he is owner of the
Patna High Court CR. MISC. No.31767 of 2026(2) dt.12-05-2026
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seized motorcycle. It is next submitted that no prudent person
would use their own vehicle for committing a crime and thus,
would create evidence against themselves and hence, would get
implicated. It is further submitted that petitioner no.2 was
completely unaware that his friend Aayush would misuse the
vehicle in the manner as alleged, who also fled from the spot. It
is also submitted that name of the petitioner no.1 transpired in
the confessional statement of Aayush in police custody, which
does not have any evidentiary value. It is next submitted that
after 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 petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum 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
Patna High Court CR. MISC. No.31767 of 2026(2) dt.12-05-2026
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connection with Durgawati P. S. Case No.58 of 2026, 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 petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, 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)
vikash/-
U T
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