Patna High Court
Rajeev Kumar @ Raju YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of antecedents, with confirmation contingent on the petitioners having no more than the specified prior cases.
Summary
The petitioners, Rajeev Kumar (Raju Yadav) and Dharmendra Kumar, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 35 litres of liquor from the river Punpun. They argued that no liquor was found in their possession and the allegation rested solely on a confessional statement made by Ram Shankar Chaudhary while in police custody, which they claimed lacked evidentiary value. The petitioners sought anticipatory bail, contending that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, and directed the trial court to verify the petitioners' criminal antecedents. The order stipulated that if petitioner No.1 is found to have more than two prior cases or petitioner No.2 any prior case, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where no possession is established.
- Whether a confessional statement made in police custody can form the sole basis for arrest and denial of bail.
- Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- possession
- confessional statement
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10258 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- BHAGWANGANJ District- Patna
======================================================
1. Rajeev Kumar @ Raju Yadav son of Lalan Yadav Resident Of Village -
Rohilapar, Ps- Bhagwanganj, Dist- Patna
2. Dharmendra Kumar son of Prem Kumar Resident Of Village - Rohilapar, Ps-
Bhagwanganj, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Shekhar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases and petitioner no. 2
is a person with clean antecedent and allegation is of recovery
of 35 liters of liquor from bank of river Punpun.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.10258 of 2026(3) dt.16-03-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large they came to be
implicated based on confessional statement of Ram Shankar
Chaudhary 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten Thousand) each 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
Bhagwanganj P.S. Case No. 185 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 petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than two cases and petitioner no. 2 has antecedent of even one case
Patna High Court CR. MISC. No.10258 of 2026(3) dt.16-03-2026
3/3
then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed, but after verification if it is found that petitioner no.
1 has antecedent of two cases only and petitioner no. 2 is a 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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