Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
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
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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/-
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