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Patna High Court

Govind Jha @ Govind Kumar JhaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to bond, sureties, and verification of antecedents, to be confirmed if the petitioner has no more than two prior cases.

Summary

The petitioner, Govind Jha, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 224.4 litres of liquor from an auto. He argued that he was not arrested at the scene, had no possession of the liquor, was not the vehicle's owner, and the case was based solely on a confessional statement of a co-accused made in police custody, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the investigation was mechanically driven. The State opposed the anticipatory bail. The High Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and a six‑week surrender, directing the trial court to verify the petitioner’s criminal antecedents and conditionally confirm the bail if he has no more than two prior cases.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the alleged offence is based on a confessional statement and no possession is established.
  • Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • confessional statement
  • deemed possession
  • presumed offender
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32921 of 2026
                    Arising Out of PS. Case No.-63 Year-2026 Thana- MANIGACHI District- Darbhanga
                 ======================================================
                 Govind Jha @ Govind Kumar Jha S/o Bauan Jha R/O village - Kathra, P.S -
                 Manigachhi, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nawal Kishor Prasad
                 For the Opposite Party/s :      Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 224.400 litres of liquor from an auto.

                   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 Ratan in police

                   custody which does not have any evidentiary value. It is also

                   submitted that after amendment in the Excise Act in the year
Patna High Court CR. MISC. No.32921 of 2026(2) dt.14-05-2026
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          2018, the concept of deemed possession and presumed offender

          has been done away with. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       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.10,000/- (Rupees ten 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 Manigachhi P.S. Case No.63/2026, 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

          two cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.32921 of 2026(2) dt.14-05-2026
                                                         3/3




                       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 two

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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