Patna High Court
Sablu PrasadversusThe 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 antecedent.
Summary
The petitioner, Sablu Prasad, 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 for allegedly recovering 17.28 litres of liquor from a motorcycle. He contended that he had no prior criminal record, was not in possession of the seized vehicle, and that the only evidence against him was a confessional statement made by another person, Bablu, while in police custody, which he argued lacked evidentiary value. The petitioner also relied on the 2018 amendment to the Excise Act, which he said abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedents and compliance with Section 438(2) CrPC, and clarified that the bail would be confirmed only if his clean antecedent is verified.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for the alleged offence under Section 30(a) of the Excise Act.
- Whether the confessional statement of Bablu made in police custody is admissible as evidence.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender, affecting bail considerations.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- Section 438 CrPC
- confessional statement
- deemed possession
- presumed offender
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32175 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- Karnamepur District- Bhojpur
======================================================
Sablu Prasad S/o Jay Bhagwan Prasad R/o vill - Dalan Chhapra, P.S.-
Karnamepur, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bibhakar Tiwary
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 17.28 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits 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 motorcycle as has been specifically pleaded at Para-9,
it is thus submitted that order impugned inadvertently records
that petitioner is the owner of the seized vehicle and he came to
Patna High Court CR. MISC. No.32175 of 2026(2) dt.13-05-2026
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be implicated based on confessional statement of Bablu in
police custody, which does not have any evidentiary value. It is
next 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 petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) 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
Karnamepur P. S. Case No.21 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 petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.32175 of 2026(2) dt.13-05-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his 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 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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