Patna High Court
Sonu Kumar Gupta @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Sonu Kumar Gupta, 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 alleged recovery of 146.885 litres of liquor from the house of Sohar Singh. The petitioner argued that he has a clean antecedent, was not arrested, and no liquor was found in his possession; the allegation is based solely on a confessional statement of Sohar Singh made in police custody, which the petitioner contended lacks evidentiary value, especially after the 2018 amendment to the Excise Act that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify his criminal antecedent, stating that the bail would be confirmed if he is found to have a clean record, otherwise it may be revoked. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where the accused claims no possession and reliance on a co-accused's confessional statement.
- Effect of the 2018 amendment to the Excise Act removing deemed possession and presumed offender concepts on bail considerations.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming provisional anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- deemed possession
- confessional statement
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33512 of 2026
Arising Out of PS. Case No.-70 Year-2026 Thana- RAJPUR District- Rohtas
======================================================
Sonu Kumar Gupta @ Sonu Kumar Son of Jagdish Prasad @ Jagdish Gupta
Resident of village- and Po- Rajpur, Ps- Rajpur, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhanshu Kumar
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 146.885 litres of liquor from house of Sohar
Singh.
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 even alleged
recovery is from a house, which does not belong to the
petitioner and he has no concern or relation with Sohar Singh
Patna High Court CR. MISC. No.33512 of 2026(2) dt.14-05-2026
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but then he came to be implicated based on confessional
statement of Sohar 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 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
Rajpur P. S. Case No.70 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.33512 of 2026(2) dt.14-05-2026
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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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