Patna High Court
Tapeshwar Chaudhary @ Pateshwar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner, subject to bond, sureties, and verification of his antecedents.
Summary
The petitioner, Tapeshwar Chaudhary, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 10 litres of liquor, which was actually recovered from a bag carried by another individual, Sarju. The petitioner argued that he had no conscious possession, clean antecedents, and that the confessional statement of Sarju, obtained in police custody, lacked evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence. The Court, considering these submissions, granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioner’s antecedents within six weeks. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.
Issues considered
- What is the applicability of anticipatory bail under Section 30(a) of the Bihar Excise Act?
- Does the 2018 amendment to the Bihar Excise Act eliminate the doctrine of deemed possession and presumed offender for the petitioner?
- Can a confessional statement made by an accomplice in police custody be used as evidence against the petitioner?
Subjects
- anticipatory bail
- Bihar Excise Act
- deemed possession
- presumed offender
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10234 of 2026
Arising Out of PS. Case No.-468 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Tapeshwar Chaudhary @ Pateshwar Chaudhary S/o Late Ramchandra
Chaudhary R/o Koilwan Tola, Raghunath Bigha, P.S.- Haspura, Dist.-
Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 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
petitioner is a person with clean antecedent and allegation is of
recovery of 10 liters of liquor from a bag.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he has no
concern with Sarju who was apprehended with the bag and he
came to be implicated based on confessional statement of Sarju
Patna High Court CR. MISC. No.10234 of 2026(3) dt.16-03-2026
2/3
in police custody which 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.
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.
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
Daudnagar Excise P.S. Case No. 468 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 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
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 is a
Patna High Court CR. MISC. No.10234 of 2026(3) dt.16-03-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…