Created by Fuzzy Cloud

Patna High Court

Balinder Ray @ Sunil KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.