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Patna High Court

Rakesh Sah @ Rakesh Gond @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Rakesh Sah, applied for anticipatory bail in a case registered under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Excise Act, alleging recovery of 75 litres of liquor. He argued that he was not arrested on the spot and the case against him was based solely on a confessional statement of co‑accused Ganesh Mukhiya, which he claimed lacks evidentiary value, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on a bond of Rs 30,000 with two sureties, subject to Section 482(2) of the B.N.S. and a condition that the trial court verify the petitioner’s criminal antecedent, revoking bail if more than six prior cases are found. The order was made subject to verification of antecedent and the bail may be confirmed or cancelled accordingly.

Issues considered

  • Whether anticipatory bail can be granted in offences under Sections 274, 275 of the B.N.S. and Section 30(a) of the Excise Act.
  • Whether a confessional statement of a co‑accused recorded in police custody can be the basis to deny anticipatory bail.
  • Effect of the 2018 amendment to the Excise Act removing the doctrine of deemed possession on bail considerations.
  • Whether the petitioner’s prior criminal antecedent of six cases influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10159 of 2026
                    Arising Out of PS. Case No.-126 Year-2025 Thana- SATHI District- West Champaran
                 ======================================================
                 Rakesh Sah @ Rakesh Gond @ Rakesh Kumar S/o Shiv Shankar Sah @
                 Shavshankar Sah R/o Village- Basantpur, P.S- Sathi, Dist- West Champaran.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sujeet Kumar
                 For the Opposite Party/s :       Mr.Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  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 274 and 275 of the B.N.S. and Section 30(a) of the

                   Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of six cases under the Excise Act

                   and allegation is of recovery of 75 litres of liquor from a sack

                   and from possession of Ganesh Mukhiya.

                                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 he came to be

                   implicated based on confessional statement of Ganesh in police
Patna High Court CR. MISC. No.10159 of 2026(2) dt.15-04-2026
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          custody, which does not have any evidentiary value. It is next

          submitted that after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with. It is next submitted that police in majority of

          cases implicating innocent persons either at the behest of

          Chaukidar, local person, secret information and confessional

          statement in a mechanical manner without holding a proper

          investigation. It is also submitted that petitioner earlier also

          came to be implicated in cases relating to excise in similar

          manner.

                       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.30,000/- (Rupees Thirty 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 Sathi P. S. Case No.126 of 2025, subject to the conditions

          laid down under Section 482(2) of the BNSS.
               Patna High Court CR. MISC. No.10159 of 2026(2) dt.15-04-2026
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                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         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 more than six cases, 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 has antecedent of six cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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