Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.
Summary
Raja Kumar applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 37.98 litres of liquor from a bush and 24.48 litres from a house belonging to his mother, Indira Devi. The petitioner argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the house is joint family property, making it uncertain that he stored the liquor. He also contended that the only incriminating evidence is a confessional statement made by his mother while in police custody, which he claimed lacks evidentiary value. The State opposed the anticipatory bail, asserting the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing bail bonds and two sureties, and conditioned the confirmation of bail on verification of his antecedent, invoking Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where possession is not proven and the only evidence is a confession of the mother made in police custody.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438 CrPC
- possession
- confession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9268 of 2026
Arising Out of PS. Case No.-512 Year-2025 Thana- Excise P.S. District- Nalanda
======================================================
Raja Kumar Son of Gopal Kumar R/o - Anandmai Ashram, Bari Milky, P.S. -
Rajgir, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 37.980 litres of liquor from bush and 24.48 litres
of liquor from a room of Indira Devi.
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 even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.9268 of 2026(3) dt.30-03-2026
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in the house or the liquor kept in the house was within his
knowledge and after Amendment in the Excise Act, 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 his mother Indira Devi in police
custody, which does not have any evidentiary value. It is also
submitted that no mother will implicate her own son until
pressurized.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Excise P. S. Case No.512 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.9268 of 2026(3) dt.30-03-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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)
vikash/-
U T
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