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Patna High Court

Santosh Kumar Yadav @ Mithailal @ MithlalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Santosh Kumar Yadav was charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly being involved in the recovery of 2,142 litres of liquor from five vehicles. He contended that he was not arrested at the scene, no liquor was seized from his possession, and his implication relied solely on a confessional statement of another accused, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. Having been in custody since 3 January 2026 with a charge sheet already filed, he sought bail, assuring the court of his cooperation and that he would not abscond. The court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to an accused charged under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act when the prosecution’s case is based on a confessional statement and the 2018 amendment has removed the doctrine of deemed possession.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17501 of 2026
                  Arising Out of PS. Case No.-104 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Santosh Kumar Yadav @ Mithailal @ Mithlal S/o Sanjay Ray @ Sanjay
                 Kumar R/o Village- Gosainpur Tengrahan, PS- Minapur, Now Rampur Hari,
                 District- Muzaffarpur
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hari Kishore Thakur
                 For the Opposite Party/s :       Mr. Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 274, 275 of BNS and Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases, out of which four cases

                   are under the Excise Act and allegation is of recovery of 2142

                   litres of liquor from five different vehicle. It is next submitted

                   that petitioner was not arrested from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of any of the seized vehicle and he came to be implicated

                   based 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
           Patna High Court CR. MISC. No.17501 of 2026(2) dt.18-04-2026
                                                       2/2




                     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 through chowkidar, local

                     person, confessional statement or secret information without

                     holding a proper investigation.                It is next submitted that

                     petitioner is in custody since 03.01.2026 and charge sheet has

                     been submitted. It is also submitted that if privilege of bail is

                     granted to the petitioner, the petitioner will not abscond rather

                     will cooperate in the trial to prove his innocence.

                                   4. Learned A.P.P. opposes the prayer for bail of the

                     petitioner.

                                   5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, is

                     directed to be released on bail on furnishing bail bonds of

                     Rs.5000/- (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 Rampur

                     Hari P.S. Case No.104/2025.



                                                             (Satyavrat Verma, J)
amit/-
U      T


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