Patna High Court
Balinder Ray @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedent.
Summary
The petitioner, Balinder Ray, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act, alleging that he was not arrested on the spot, had no possession of the seized liquor, and was implicated solely on a confessional statement made by another person in police custody. He argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the bail, contending that the allegations warranted continued detention. The Court granted provisional anticipatory bail, subject to a bond of Rs. 35,000 with two sureties and conditioned on verification of the petitioner’s criminal antecedent within six weeks. The order further stipulated that if the petitioner is found to have more than seven prior cases, the bail would not be confirmed, but if exactly seven cases are confirmed, the bail would be affirmed.
Issues considered
- What is the applicability of anticipatory bail under Section 30(a) of the Bihar Excise Act?
- Does a confessional statement made in police custody have evidentiary value for implicating the petitioner?
- Has the 2018 amendment to the Bihar Excise Act eliminated the doctrines of deemed possession and presumed offender?
- Should the petitioner be released on bail pending verification of his criminal antecedent?
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- deemed possession
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83271 of 2025
Arising Out of PS. Case No.-520 Year-2025 Thana- SONEPUR District- Saran
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Balinder Ray @ Sunil Kumar S/o- Lalbabu Ray R/v- Sabalpur Pachhiyari
Tola Ps- Sonpur Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Singh
For the Opposite Party/s : Ms.Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 24-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of seven cases out of which six cases
are under the Excise Act and allegation is of recovery of 1656.7
litres of liquor from five different vehicles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
any of the seized vehicles and he came to be implicated based
on confessional statement of Navin in police custody which
Patna High Court CR. MISC. No.83271 of 2025(4) dt.24-04-2026
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does not have any evidentiary value. 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. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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 for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
35,000/- (Rupees Thirty-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
Sonpur P.S. Case No. 520 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.83271 of 2025(4) dt.24-04-2026
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in the event if it is found that petitioner has antecedent of more
than seven cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of seven
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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