Patna High Court
Shubham Kumar @ Shubham ThakurversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedents, as the confessional statement lacks evidentiary value and the amendment has done away with deemed possession.
Summary
Shubham Kumar sought anticipatory bail after the police registered a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging that 838.080 litres of liquor were recovered from a Mahindra pick‑up van. The petitioner argued that he was not arrested on the spot, did not have conscious possession of the liquor, was not the owner of the vehicle, and was implicated solely on a confessional statement of a co‑accused taken in police custody, which he claimed lacks evidentiary value. He further contended 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, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedents, noting that the confessional statement could not be relied upon and that the amendment removed deemed possession. If more than one prior case is found, the bail will not be confirmed; if only one, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2018 where the alleged offender is not in conscious possession of the seized liquor.
- Whether a confessional statement of a co‑accused taken in police custody has evidentiary value for the purpose of denying anticipatory bail.
- Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33172 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- Excise P.S. District- Begusarai
======================================================
Shubham Kumar @ Shubham Thakur S/o Shambhu Thakur R/o Village- Badi
Aghu @ Mohan Aghu, P.S.- Mufassil, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
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 offences punishable under Sections 30(a) and
32(3) of the Bihar Prohibition and Excise (Amendment) Act,
2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 838.080 litres of liquor from a
Mahindra Pick-Up Van.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Praveen
Patna High Court CR. MISC. No.33172 of 2026(2) dt.14-05-2026
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Kumar in police custody which does not have any evidentiary
value in the eye of law. 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 petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.5,000/- (Rupees
Five 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 Begusarai Excise
P.S. Case No. 123 of 2026, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.33172 of 2026(2) dt.14-05-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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