Patna High Court
Suraj KumarversusThe State of BIhar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedents.
Summary
The petitioner, Suraj Kumar, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for alleged recovery of 45 litres of liquor, 1150 litres of fermented Jawa Mahua, and seizure of a motorcycle from his residence. He argued that the liquor was stored in a joint‑family house, that he was not caught in possession, and that the only evidence was a confessional statement of his brother made in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of excise liquor and seizure of a vehicle.
- Whether the confessional statement of the petitioner’s brother and the fact of ownership of the seized vehicle constitute sufficient grounds to deny bail.
- Effect of the 2018 amendment to the Bihar Excise Act on the doctrine of deemed possession and presumed offender.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- confessional statement
- Section 30
- Section 32
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31917 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- Excise P.S. District- Banka
======================================================
Suraj Kumar S/o Late Surendra Mandal R/- Village- Gouripur, P.S.- Amarpur,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad
For the Opposite Party/s : Mr. Brajendra Nath Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 45 liters of liquor along with 1150
liters of fermented Jawa Mahua and a motorcycle was seized
from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.31917 of 2026(2) dt.13-05-2026
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vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is next submitted that the house in question is a joint family
property, as such, it cannot be alleged with certainty that it was
petitioner who had kept the liquor in the house or the liquor kept
in the house was within his knowledge and came to be
implicated based on confessional statement of his brother 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 also 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
Patna High Court CR. MISC. No.31917 of 2026(2) dt.13-05-2026
3/3
Provisional anticipatory bail on furnishing bail bonds of Rs.
5000/- (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 Banka
Excise P.S. Case No. 13 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 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 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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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