Patna High Court
Indrajeet Kumar Yadav @ Indrajit YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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