Anshu Kumar @ Anshu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23748 of 2026 Arising Out of PS. Case No.-32 Year-2026 Thana- EXCISE MAHARAJGANJ DistrictSiwan ====================================================== Anshu Kumar @ Anshu S/o- Krishna Manjhi Resident of Vill-Hulsera Ward no. 3, PS- Bhagwanpur Hat Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumari Anupam For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2026 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 Sections 30(a), 30(c) and 44 of the Bihar Excise Act.
3.
Learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and allegation is of recovery of 110 litres of liquor from a bush and 1000 litres of jawa mahua jaggery solution was destroyed. 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 even the alleged recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.23748 of 2026(2) dt.09-04-2026 2/3 and is accessible to public at large and he came to be implicated based on confessional statement of Gunja in police custody which does not have any evidentiary value. It is also submitted that Gunja is cousin sister of the petitioner and are having dispute relating to property as such it appears that deliberately petitioner is implicated by Gunja in order to settle the dispute. 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.
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. 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 Excise Maharajganj P.S. Case No. 32 of 2026 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 in the
Patna High Court CR. MISC. No.23748 of 2026(2) dt.09-04-2026 3/3 event if it is found that petitioner has antecedent of more than one case 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 one case in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T