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Patna High Court

Sanoj KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties, and verification of antecedents.

Summary

The petitioner, Sanoj Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that liquor was recovered from a motorcycle not owned by him and that his implication rested on a confessional statement made by Karan Kumar while in police custody. He argued that the statement lacked evidentiary value and that the 2018 amendment to the Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stipulating that the bail would be confirmed only if he has at most one prior case. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the confessional statement of a co-accused made in police custody is admissible as evidence.
  • Effect of the 2018 amendment removing deemed possession and presumed offender provisions on the case.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • deemed possession
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32006 of 2026
                      Arising Out of PS. Case No.-305 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Sanoj Kumar S/o Deval Prasad Yadav @ Devender Kumar @ Devlal Yadav
                 R/o vill - Kumharua, P.S.- Rajauli, Dist.- Nawada
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar
                 For the Opposite Party/s :        Mr. Rajesh Kumar
                 ======================================================
                 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 offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 3.750 litres of liquor from a

                   motorcycle. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of the seized vehicle and he came

                   to be implicated based on confessional statement of Karan Kumar

                   in police custody which does not have any evidentiary value. It is

                   also 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.
           Patna High Court CR. MISC. No.32006 of 2026(2) dt.13-05-2026
                                                       2/2




                                  4. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the event

                     of his arrest or surrender within a period of six weeks from today,

                     be released on 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 Excise P.S.

                     Case No.305/2026, subject to the conditions as laid down under

                     Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of more than one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the provisional

                     anticipatory bail order shall not be confirmed but if on verification

                     it is found that petitioner has antecedent of one case, in that event

                     the provisional anticipatory bail order shall be confirmed

                     forthwith.

                                                             (Satyavrat Verma, J)
amit/-
U      T


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