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Patna High Court

Tapeshwar Chaudhary @ Pateshwar ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

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
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          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
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                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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