Patna High Court

Kishan Kumar @ Kishun Kumar @ Kishan MandalversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted regular bail to the petitioner, holding that the absence of conscious possession and the reliance on a co‑accused’s confessional statement did not justify denial of bail.

Summary

The petitioner, Kishan Kumar, was arrested in connection with the alleged recovery of 2,604.12 litres of liquor from four vehicles and charged under Sections 30(a), 32, 36 and 41 of the Excise Act. He sought regular bail, arguing that he was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the seized vehicles. The petitioner further contended that the case against him relied on a confessional statement of another accused made while in police custody, which he claimed lacked evidentiary value, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail application. The court examined these submissions, noted the lack of direct possession and the questionable reliance on a co‑accused’s statement, and considered the effect of the statutory amendment. Consequently, the court ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties of the same amount, and the application was allowed.

Issues considered

Whether bail should be granted to an accused under Sections 30(a), 32, 36 and 41 of the Excise Act when there is no direct possession of the seized liquor.
Whether a confessional statement of a co‑accused made in police custody can be the basis for denying bail.
Effect of the 2018 amendment to the Excise Act on the doctrines of deemed possession and presumed offender.

Legislation cited

Excise Act — s. 30(a), 32, 36, 41

Subjects

bail
excise law
deemed possession
confessional statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7366 of 2026
                   Arising Out of PS. Case No.-637 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Kishan Kumar @ Kishun Kumar @ Kishan Mandal S/o Late Ram Chandra
                 Mandal R/o village - Bahilwara @ Gadha @ Garha, P.S.- Runnisaidpur, Dist.
                 - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a), 32, 36 and 41of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases out of which four

                   cases are under the Excise Act and is in custody since

                   18.12.2025 and allegation is of recovery of 2604.12 litres of

                   liquor from four different vehicles.

                                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 is not the owner of
               Patna High Court CR. MISC. No.7366 of 2026(2) dt.16-04-2026
                                                           2/2




                         any of the seized vehicles and he came to be implicated based

                         on confessional statement of apprehended accused in police

                         custody, which does not have any evidentiary value. It is further

                         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 bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum 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 Runnisaidpur P. S. Case No.637 of 2022.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T

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