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Patna High Court

Rajeev Kumar @ Raju YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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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