Patna High Court
Amarjeet Yadav @ Amarjit YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents and compliance with bail bond conditions.
Summary
The petitioner, Amarjeet Yadav, sought anticipatory bail fearing arrest in a case under Section 281 of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act for allegedly recovering 3,293.40 litres of liquor from a truck. He contended that he was not caught in possession, that the allegation was based solely on secret information and a confessional statement made by an accused in police custody, which he argued lacks evidentiary value, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further stipulated that if more than one antecedent case is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was issued under Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 281 BNS read with Section 30(a) Bihar Excise Act when the accused was not found in possession and the allegation rests on secret information and a confessional statement.
- Whether the 2018 amendment to the Bihar Excise Act has eliminated the doctrines of deemed possession and presumed offender for the purpose of granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 281, 482(2)
Subjects
- anticipatory bail
- Section 281
- Bihar Excise Act
- deemed possession
- presumed offender
- confessional statement
- secret information
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16396 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Amarjeet Yadav @ Amarjit Yadav S/O Suryanarayan Yadav R/O Village -
Ghordaur,P.S - Tilkeshwar, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, 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 Section 281 of the
BNS read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 3293.40 liters of liquor from a truck.
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 truck and his name transpired based on
secret information and thereafter came to be implicated based
Patna High Court CR. MISC. No.16396 of 2026(2) dt.17-03-2026
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on confessional statement of Bittu in police custody which does
not have any evidentiary value. It is also submitted that the
easiest way to implicate someone is by invoking secret
information. 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.
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.
5,000/- (Rupees Five 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
Kusheshwar Asthan P.S. Case No. 23 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
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.16396 of 2026(2) dt.17-03-2026
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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 one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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