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Patna High Court

Sunil Kumar Yadav @ Sunil YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Sunil Kumar Yadav, was implicated in a case alleging recovery of 180 litres of liquor from a vehicle, charged under Sections 30(a), 32(3) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, contending that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and that the confessional statement of an accused in police custody was inadmissible. The State opposed the bail. The Court noted the amendment of the Excise Act in 2018 that abolished the concepts of deemed possession and presumed offender, and considered the petitioner’s clean antecedent. It granted provisional anticipatory bail subject to a bail bond of Rs.500, two sureties of the same amount, and verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail may be revoked; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
  • Whether the confessional statement of an accused in police custody is admissible for the purpose of the bail application.
  • Whether the concepts of deemed possession and presumed offender still apply after the 2018 amendment to the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • confessional statement
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12646 of 2026
                        Arising Out of PS. Case No.-189 Year-2024 Thana- Lakho District- Begusarai
                 ======================================================
                 Sunil Kumar Yadav @ Sunil Yadav S/O Prahalad Yadav R/O Village- Holding
                 No. 15, Ward No. 12, Nvadhi-Bherva, P.S - Madhupur, Distt. - Deoghar
                 (Jharkhand).
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pritish Kumar Lal, Advocate
                 For the Opposite Party/s :        Ms. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-03-2026                  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 Sections 30(a),

                   32(3) and 41(2) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 180 litres of liquor from a car.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of
Patna High Court CR. MISC. No.12646 of 2026(2) dt.09-03-2026
                                            2/3




          apprehended accused in police custody, during the course of

          investigation, which has no evidentiary value in the eye of law.

          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. It is reiterated and submitted

          that petitioner is a person with clean antecedent.

                       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, let the petitioner, above-named, in the

          event of his arrest or surrender 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 Lakho P.S. Case No. 189 of 2024, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent
           Patna High Court CR. MISC. No.12646 of 2026(2) dt.09-03-2026
                                                       3/3




                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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