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Patna High Court

Munmun KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to bond conditions and verification of antecedents, and that the amendment removing deemed possession does not preclude bail.

Summary

The petitioners, Munmun Kumar and Deepak Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, alleging recovery of 10 litres of liquor and seizure of a motorcycle. They argued that they were not arrested at the spot, did not have conscious possession of the liquor, were not owners of the vehicle, and that the only evidence against them was a confessional statement made by a third person in police custody, which they claimed lacked evidentiary value. They further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties each, and directed the trial court to verify the petitioners' criminal antecedents, reserving the right to cancel the bail if undisclosed antecedents are found.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
  • Whether a confessional statement made in police custody by a third person can be relied upon to deny bail.
  • Effect of the 2018 amendment to the Excise Act removing deemed possession on the grant of anticipatory bail.
  • Whether the petitioners' criminal antecedents affect the suitability of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32161 of 2026
                       Arising Out of PS. Case No.-39 Year-2026 Thana- SANJHOLI District- Rohtas
                 ======================================================
           1.     Munmun Kumar S/O Vijay Kumar R/O Village- Charpurwa, P.S.- Sanjhauli,
                  Distt.- Rohtas at Sasaram.
           2.    Deepak Kumar @ Nitish Kumar S/O Madan Singh R/O Chawariya, P.S.-
                 Sanjhauli, Distt.- 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 :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  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

                   Sections 30(a) of the Excise Act.

                                3. The learned counsel for the petitioners submits that

                   the petitioner no.1 has antecedent of one case and petitioner

                   no.2 is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from a bush and a motorcycle was

                   seized.

                                4. The learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.32161 of 2026(2) dt.13-05-2026
                                            2/3




          recovered from their conscious possession and are not the owner

          of the seized vehicle and they came to be implicated based on

          confessional statement of Pawan in police custody, which does

          not have any evidentiary value. It is also 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.5,000/- (Rupees Five Thousand) 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 Sanjhauli P. S. Case No.39 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,
               Patna High Court CR. MISC. No.32161 of 2026(2) dt.13-05-2026
                                                           3/3




                         if it is found that petitioner no.1 has antecedent of more than

                         one case and petitioner no.2 has 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 petitioner no.1 has antecedent of one

                         case only and petitioner no.2 is a person 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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