Patna High Court
Ajay Bhuian @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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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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