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Patna High Court

Indrajeet Kumar Yadav @ Indrajit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of criminal antecedents.

Summary

The petitioners, Indrajeet Kumar Yadav and Kameshwar Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 45 litres of liquor. They argued that the liquor was found in a joint family house, they had no conscious possession, and the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence and the petitioners' prior criminal records. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing bail bonds of Rs.35,000 with two sureties each, and directed verification of the petitioners' criminal antecedents. It further stipulated that if the antecedents exceed the stated limits, the bail would not be confirmed, otherwise it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Effect of the 2018 amendment removing deemed possession and presumed offender on the bail application.
  • Whether the petitioners' criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • deemed possession
  • presumed offender
  • criminal antecedent
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16142 of 2026
                         Arising Out of PS. Case No.-141 Year-2025 Thana- NADI District- Supaul
                 ======================================================
           1.     Indrajeet Kumar Yadav @ Indrajit Yadav S/o- Kameshwar Yadav @
                  Kamesar Yadav Resident of Village- Rasuaar, Kyotapatti, Ward No. 01, P.S.-
                  Supaul Nadi Thana, District- Supaul
           2.    Kameshwar Yadav @ Kamesar Yadav S/o- Ganeshi Yadav Resident of
                 Village- Rasuaar, Kyotapatti, Ward No. 01, P.S.- Supaul Nadi Thana,
                 District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhim Kumar Yadav
                 For the Opposite Party/s :        Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of seven cases, out of which, two

                   cases are under the Excise Act and petitioner no.2 has

                   antecedent of three cases and allegation is of recovery of 45

                   litres of liquor from house of petitioners. It is next submitted

                   that petitioners were not arrested from the spot as such nothing

                   was recovered from their conscious possession and the house in
Patna High Court CR. MISC. No.16142 of 2026(2) dt.17-03-2026
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          question is a joint family property as such it cannot be alleged

          with certainty that it was petitioner, who had kept the liquor in

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

          knowledge and after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and they came to be implicated based

          on secret information which is the easiest way to implicate

          someone, without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.35,000/- (Rupees Thirty Five

          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 Supaul Nadi P.S.

          Case No.141/2025, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S.

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners
             Patna High Court CR. MISC. No.16142 of 2026(2) dt.17-03-2026
                                                         3/3




                       and in the event if it is found that petitioner no.1 has antecedent

                       of more than seven cases and petitioner no.2 has antecedent of

                       more than three cases, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification the criminal

                       antecedent as recorded hereinabove tallies with the petitioners in

                       that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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