Patna High Court
Badri Rai @ Badri RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.
Summary
Badri Rai sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Excise Act, where liquor was allegedly recovered from other individuals. He argued he had no possession, a clean antecedent, and that the case relied on a confessional statement made in police custody, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a Rs. 500 bond, two sureties, and verification of the petitioner’s criminal antecedent, with the order to be confirmed if he is found to have a clean record.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bihar Excise Act provisions.
- Whether the confessional statement of an accused in police custody can form the basis for arrest.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16049 of 2026
Arising Out of PS. Case No.-964 Year-2025 Thana- MANER District- Patna
======================================================
Badri Rai @ Badri Ray Son of Dudhnath Ray R/O VILL-MADHOPUR TATA
COLONY @ TOTA COLONY, PS-MANER, DIST-PATNA
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 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) and
37 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 29.1 liters of liquor from Fulendra Chaudhary and
10 liters of liquor from possession of Baiju Kumar, Nitish
Kumar and Raja Kumar as detailed in the FIR.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he has no concern
or relation with the apprehended accused and came to be
Patna High Court CR. MISC. No.16049 of 2026(2) dt.17-03-2026
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implicated based on confessional statement of Baiju in police
custody which does not have any evidentiary value. It is further
submitted that after amendment in the Excise Act in the year
2018, the concept of deemed possession and presumed offender
has been done away.
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 Maner P.S. Case No. 964 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 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
Patna High Court CR. MISC. No.16049 of 2026(2) dt.17-03-2026
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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)
Gaurav Sinha/-
U T
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