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Patna High Court

Kanhaiya Jaishwal @ Kanhaiya BaranwalversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted in excise offences where the accused is not in actual possession and the confessional statement lacks evidentiary value, subject to verification of the accused's criminal antecedent.

Summary

The petitioner, Kanhaiya Jaishwal, was implicated in a case under Sections 30(a) and 47 of the Bihar Excise Act for allegedly recovering 666 litres of liquor from a Mahindra Scorpio, although he was not caught in possession and the vehicle was not owned by him. He argued that the charge was based solely on a confessional statement of another accused, which he claimed lacks evidentiary value, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish a bail bond of Rs.15,000 with two sureties, and submit to verification of his criminal antecedent. The order further stipulated that if the verification reveals more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith. Thus, the bail was granted conditionally, pending the antecedent‑check.

Issues considered

  • Whether anticipatory bail can be granted in an excise offence where the accused is not in actual possession and the allegation rests on a confessional statement.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the grant of anticipatory bail.
  • Whether the number of prior excise cases (antecedent) influences the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16326 of 2026
                        Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Kanhaiya Jaishwal @ Kanhaiya Baranwal S/o- Madan Jaishwal @ Madan
                 Prasad Resident Of Village- Bhawrajpur, Po- Bhawrajpur, Ps Andar, Dist-
                 Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dhananjay Kumar Shahi, Advocate
                 For the Opposite Party/s :         Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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(a) and

                   47 of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 666 liters of liquor from a Mahindra

                   Scorpio vehicle.

                                4. Learned       counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and he came to be implicated based
Patna High Court CR. MISC. No.16326 of 2026(2) dt.17-03-2026
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          on confessional statement of apprehended accused in police

          custody which does not have any evidentiary value. 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. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       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 before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          15,000/- (Rupees Fifteen Thousand) 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 Siwan

          Excise P.S. Case No. 29 of 2026 subject to the conditions as laid

          down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial
            Patna High Court CR. MISC. No.16326 of 2026(2) dt.17-03-2026
                                                        3/3




                      Court shall verify the criminal antecedent of the petitioner and

                      in the event if it is found that petitioner has antecedent of more

                      than three cases 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 has antecedent of three

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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