Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Deepak Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act for allegedly possessing 7.56 litres of liquor. The petitioner argued that he has a clean antecedent, was not arrested, and the liquor was found in a joint family house, making it uncertain that he had possession. The prosecution relied on a confessional statement made by the petitioner's mother while in police custody, which the petitioner contended lacks evidentiary value. The court noted that the amendment to the Excise Act, 2018, has done away with the concept of deemed possession and deemed offender. Considering these submissions, the court granted provisional anticipatory bail subject to a bond of Rs.500 with two sureties and a verification of the petitioner's antecedent, directing that the bail be confirmed if no prior cases are found.
Issues considered
- Whether anticipatory bail should be granted when the accused has not been arrested and no possession is established.
- Whether a confessional statement made by the accused's mother in police custody is admissible as evidence.
- Effect of the 2018 amendment to the Excise Act on the doctrine of deemed possession and presumed offender.
- What conditions should be imposed on the grant of provisional anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438 CrPC
- deemed possession
- confessional statement
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42508 of 2026
Arising Out of PS. Case No.-98 Year-2026 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Deepak Kumar S/o Late Ramesh Rai Resident of Village- Uttari Dhamon,
Police Station- Patory, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 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 7.56 litres of liquor from house of petitonerDevi.
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 the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.42508 of 2026(2) dt.01-07-2026
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knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated based on
confessional statement of his mother Savita in police custody
which does not have any evidentiary value. It is also submitted
that no mother would implicate her own son until pressurized.
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
Shahpur Patori (Shahpur Patory) P. S. Case No.98 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
Patna High Court CR. MISC. No.42508 of 2026(2) dt.01-07-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
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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