Patna High Court
Kanhaiya Jaishwal @ Kanhaiya BaranwalversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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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