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Patna High Court

Vipin Yadav @ Bipin KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of his criminal antecedents.

Summary

The petitioner, Vipin Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 200 litres of liquor from a vehicle not owned by him. He argued that he was not in possession of the liquor at the time of arrest and that the case relied on a confessional statement made in police custody, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail, subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedents, with the bail to be confirmed or cancelled based on that verification.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022?
  • Does the 2018 amendment to the Excise Act eliminate the doctrine of deemed possession and presumed offender for the petitioner?
  • Whether the confessional statement made in police custody can be the sole basis for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • presumed offender
  • criminal procedure
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16669 of 2026
                     Arising Out of PS. Case No.-705 Year-2025 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Vipin Yadav @ Bipin Kumar Son of Nagendra Yadav @ Nagendra Prasad
                 Resident of Thekhi, Vill.- Dhekhi, Post- Bahsa Pipra, P.S.- Fatehpur, Distt.-
                 Gaya, Bihar
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Abhigyan, Advocate
                 For the Opposite Party/s :       Ms. Asha Devi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-04-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 200 litres of liquor from an auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Guddu

                   Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.16669 of 2026(3) dt.16-04-2026
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          value in the eye of law. 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 appearing on behalf of the petitioner, let the petitioner,

          above-named, in the event of his arrest or surrender 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 Gaya Mufassil P.S.

          Case No. 705 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than one

          case, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.16669 of 2026(3) dt.16-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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