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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail subject to bond and surety conditions, with confirmation contingent on verification that the petitioner has exactly three prior cases.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of large quantities of liquor recovered from a scooty and his joint‑family house. He argued that he was not arrested on the spot, had no conscious possession, was not the owner of the scooty, and that the house was jointly owned, making it uncertain that he kept the liquor. He further contended that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and that the case rested solely on confessional statements of co‑accused made in police custody, which lack evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if he has exactly three prior cases.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged offender has three prior criminal cases.
  • Whether confessional statements made by co‑accused in police custody are admissible as evidence.
  • Effect of the 2018 amendment removing the concept of deemed possession on the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • deemed possession
  • confessional statements
  • police custody
  • joint family property
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42582 of 2026
                         Arising Out of PS. Case No.-402 Year-2026 Thana- MANER District- Patna
                 ======================================================
                 Jitendra Kumar S/o- Mandal Ray R/v- Bhawani Tola Rampur Diyara PS-
                 Maner PO- Maner District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aditya Rai
                 For the Opposite Party/s :        Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  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

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which, one case

                   is under the Excise Act and allegation is of recovery of 15.140

                   litres of liquor from a scooty and 75.14 litres of liquor from

                   house of the petitioner. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from

                   his conscious possession and is not the owner of the seized

                   scooty and the house in question is a joint family property as

                   such it cannot be alleged with certainty that it was petitioner,
Patna High Court CR. MISC. No.42582 of 2026(2) dt.01-07-2026
                                            2/3




          who 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 and he came to

          be implicated based on confessional statement of Sumit and

          Anil in police custody which does not have any evidentiary

          value.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.15,000/- (Rupees fifteen 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.402/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          three cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.42582 of 2026(2) dt.01-07-2026
                                                         3/3




                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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