Created by Fuzzy Cloud

Patna High Court

Satish Singh @ Satish Kumar Singh @ Sati SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent and compliance with the conditions under Sections 438(2) Cr.P.C. and 482(2) B.N.S.S.

Summary

The petitioner, Satish Singh, sought anticipatory bail after learning of a pending case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act involving alleged recovery of liquor from a motorcycle and a sack. He argued that he was not in actual possession at the time of seizure, was not the owner of the vehicle or sack, and that the case was based solely on a confessional statement made in police custody, which he claimed lacks evidentiary value. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S., directing the trial court to verify the petitioner’s criminal antecedent before confirming the bail. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act when the accused was not in possession at the time of seizure
  • Whether a confessional statement made by an accused in police custody can be the basis for denying anticipatory bail
  • Whether the concepts of deemed possession and presumed offender are applicable after the 2018 amendment to the Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • deemed possession
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33975 of 2026
                         Arising Out of PS. Case No.-808 Year-2023 Thana- MANER District- Patna
                 ======================================================
                 Satish Singh @ Satish Kumar Singh @ Sati Singh S/o Late Kankar Singh R/o
                 Sherpur, P.S.- Maner, District- Patna
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Kanchan Kumari, Advocate
                 For the Opposite Party/s :        Mr. Md. Nazir Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 60 litres of liquor from a motorcycle and 20 litres of

                   liquor from a sack.

                                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 neither the owner of the seized vehicle nor he

                   has any concern with the sack in question and even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.33975 of 2026(2) dt.15-05-2026
                                            2/3




          and he came to be implicated based on the confessional

          statement of apprehended accused 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 Maner P.S. Case

          No. 808 of 2023, 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
           Patna High Court CR. MISC. No.33975 of 2026(2) dt.15-05-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.