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Patna High Court

Ajay Bhuian @ Ajay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail conditions.

Summary

The petitioner, Ajay Bhuian, sought anticipatory bail fearing arrest in a case under Sections 30(c)(d) and 37 of the Bihar Excise Act, alleging recovery of liquor from his house and that of Raja Buniyan. He argued he has a clean antecedent, was not arrested on the spot, had no conscious possession of the liquor, and that the property is a joint family asset, making possession uncertain. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the only evidence was a confession by Raja made in police custody, which lacks evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent, reserving the right to cancel the bail if any antecedent is found.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Excise Act where alleged possession is disputed.
  • Whether the confession of a co-accused made in police custody is admissible as evidence.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
  • Whether joint family ownership of the property affects the allegation of possession.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • possession
  • joint family property
  • confession
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12774 of 2026
                        Arising Out of PS. Case No.-70 Year-2025 Thana- Bodhibigaha District- Gaya
                 ======================================================
                 Ajay Bhuian @ Ajay Kumar S/o Sarvan Bhuiyan Resident of Village-
                 Khardag Pacc-hhiyara Tola, P.S.- Khardag, District- Gaya

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vinod Kumar, Adv
                 For the Opposite Party/s :        Mr.Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026               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(c)(d),

                   37 of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 40 litres of jawa mahua from house of Raja Buniyan

                   and 75 litres of jawa mahua from house of the petitioner.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and and the house in

                   question is a joint family property as such it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.12774 of 2026(2) dt.10-03-2026
                                            2/3




          the house or the liquor kept in the house was within knowledge

          of the petitioner. 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 and

          he came to be implicated based on confessional statement of

          Raja in police custody which does not have any evidentiary

          value. It is reiterated and submitted that petitioenr 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, 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 Bodhibigha P.S. Case No. 70 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
              Patna High Court CR. MISC. No.12774 of 2026(2) dt.10-03-2026
                                                          3/3




                        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

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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