Patna High Court
Karan Kumar @ Karan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Karan Kumar, sought anticipatory bail fearing arrest in a case alleging possession of 25.935 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The liquor was recovered from a joint family house belonging to Chintu Kumar, and the petitioner was not arrested at the scene, raising doubts about his actual possession or knowledge. The prosecution’s case relied on a confessional statement made by the petitioner’s brother while in police custody, which the petitioner argued lacks evidentiary value. The court noted that the amended Excise Act had done away with the concepts of deemed possession and presumed offender, and considered the petitioner’s clean antecedent. Accordingly, the court granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s criminal record and confirm the bail if no antecedent is found, otherwise to revoke it.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case of alleged liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement of the petitioner’s brother, made in police custody, can form a basis for arrest.
- Whether the concepts of deemed possession and presumed offender apply post‑amendment to the Excise Act.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor possession
- Bihar Prohibition and Excise Act
- confessional statement
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90256 of 2025
Arising Out of PS. Case No.-462 Year-2025 Thana- AMAUR District- Purnia
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Karan Kumar @ Karan Kumar Sah S/o Kailash Sah @ Kailash Kr. Sah R/o
Village - Bhawanipur, Ward No. 8, P.S - Amour, District - Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-01-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 25.935 litres of liquor from house of Chintu Kumar.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and the house in question is a joint family property as such it
cannot be alleged with certainty that it was petitioner, 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
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the year 2018, the concept of deemed possession and presumed
offender has been done away with and he came to be implicated
based on the confessional statement of his brother in police
custody which does not have any evidentiary value. It is
reiterated and submitted that petitioner is a person with clean
antecedent.
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 before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds 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 Amour
P.S. Case No.462/2025, 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 even one
case, in that event, it would be presumed that petitioner had
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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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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