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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioners' antecedent.

Summary

Petitioners Pappu Kumar and Amit Kumar sought anticipatory bail after being implicated in an offence under Section 30(a) of the Bihar Excise Act for the alleged recovery of 146.885 litres of liquor from a house that does not belong to them. They argued they had no conscious possession, the allegation rested on a confessional statement made by the house owner in police custody, and 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, considering the clean antecedent of the petitioners and the lack of direct possession, granted provisional anticipatory bail subject to a modest bail bond, sureties, and verification of any criminal antecedent, with the possibility of revocation if antecedent is discovered. The order directs the trial court to confirm the bail if the petitioners are found to have no prior convictions.

Issues considered

  • What is the appropriateness of granting anticipatory bail in an offence under Section 30(a) of the Bihar Excise Act where the accused claim no possession and rely on a custodial confession?
  • Does the 2018 amendment to the Bihar Excise Act, which removed the concepts of deemed possession and presumed offender, affect the bail considerations?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • clean antecedent
  • Section 30(a)
  • Bihar Excise Act
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32026 of 2026
                        Arising Out of PS. Case No.-70 Year-2026 Thana- RAJPUR District- Rohtas
                 ======================================================
           1.     Pappu Kumar S/o Narayan Singh R/o Village - Mishrvalia, P.S - Rajpur,
                  District - Rohtas at Sasaram
           2.    Amit Kumar S/o Narayan Singh R/o Village - Mishrvalia, P.S - Rajpur,
                 District - Rohtas at Sasaram

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chhote Lal Mishra
                 For the Opposite Party/s :       Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026               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 the

                   petitioners are person with clean antecedent and allegation is of

                   recovery of 146.885 litres of liquor from the house of Sohar

                   Singh.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.32026 of 2026(2) dt.13-05-2026
                                            2/3




          recovery is from a house which does not belong to the

          petitioners and petitioners have no concern or relation with

          Sohar, but then they came to be implicated based on

          confessional statement of Sohar in police custody which does

          not have any evidentiary value, when petitioners admittedly are

          persons with clean antecedent. 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 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 Rajpur P.S. Case No. 70 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 petitioners have antecedent of even one
              Patna High Court CR. MISC. No.32026 of 2026(2) dt.13-05-2026
                                                          3/3




                        case then it would be presumed that petitioners, for the purposes of

                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are person with clean antecedent in that

                        event the provisional anticipatory bail order shall be confirmed

                        forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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