Patna High Court
Rakesh Kumar @ Rakesh Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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, Rakesh Kumar Mishra, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 alleging that 86.535 litres of liquor were recovered from his joint‑family house. He contended that he was not arrested at the scene, that the liquor was not in his conscious possession, and that the amendment to the Excise Act had abolished the doctrine of deemed possession and presumed offender. The State opposed the bail, arguing that the petitioner had five prior excise cases and that the alleged offence warranted custody. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties, and directed verification of his criminal antecedent. The order further stipulated that if verification revealed more than five prior cases, the bail would not be confirmed, whereas if only five cases were found, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in an excise offence where possession is alleged but not proven.
- Whether the amendment to the Bihar Prohibition and Excise Act, 2018 eliminates the concept of deemed possession and presumed offender for bail considerations.
- Whether the petitioner’s prior five excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (B.N.S.S.) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- Bihar Prohibition and Excise Act
- deemed possession
- presumed offender
- criminal antecedent
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34318 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- Excise P.S. District- Samastipur
======================================================
Rakesh Kumar @ Rakesh Kumar Mishra S/O Sanjeev Mishra @ Sanjiv
Kumar Mishra Resident of village- Nirpur, Ward No. 02, Police Station-
Karpurigram, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 86.535 litres of liquor from the
house of the petitioner.
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 the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.34318 of 2026(3) dt.25-06-2026
2/3
had kept the liquor in the house or the liquor kept in the house
was within his knowledge and after amendment in the Excise
Act in the year 2018, the concept of deemed possession and
presumed offender has been done away with. It is next
submitted that petitioner came to be implicated at the instance of
the local person but then it is submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.25,000/-
(Rupees Twenty-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 Excise
Sadar P.S. Case No. 22 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.
Patna High Court CR. MISC. No.34318 of 2026(3) dt.25-06-2026
3/3
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 five
cases, it would be presumed that petitioner had concealed his
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 five cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.