Patna High Court
Shailendra Rai @ Bhuar RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
Shailendra Rai applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30, 30(a), 37(b)(c)(i)(ii) of the Excise Act, where 20 litres of liquor were allegedly recovered from a sack not in his possession. The petitioner argued that he was not arrested at the scene, had no conscious possession, and that the recovery was from a place unrelated to him, relying on a confessional statement of an apprehended accused which he claimed lacked evidentiary value, especially after the 2018 amendment removing the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to Section 438(2) conditions, and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed only if he has no more than three prior cases.
Issues considered
- Whether anticipatory bail should be granted despite alleged offences under the Excise Act and the petitioner’s prior criminal antecedents.
- Whether the confessional statement of an apprehended accused can be relied upon for bail considerations.
- Effect of the 2018 amendment to the Excise Act removing deemed possession on the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30, 30(a), 37(b), 37(c), 37(i), 37(ii)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- confessional statement
- deemed possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18194 of 2026
Arising Out of PS. Case No.-99 Year-2022 Thana- SONEPUR District- Saran
======================================================
Shailendra Rai @ Bhuar Rai S/O Late Radhe Rai R/O Chhitarchak, P.S-
Sonepur, Distt.- Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rananjay Kumar
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30, 30(a), 37(b)(c), (i)(ii) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of three cases out of which one
case is under the Excise Act and allegation is of recovery of 20
litres of liquor from a sack.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and petitioner has no concern with the alleged sack and he came
Patna High Court CR. MISC. No.18194 of 2026(2) dt.25-03-2026
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to be implicated based on confessional statement of
apprehended accused in police custody, which does not have
any evidentiary value and after Amendment in the Excise Act,
2018, the concept of deemed possession and presumed offender
has been done away. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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 Sonepur P. S. Case No.99 of 2022, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.18194 of 2026(2) dt.25-03-2026
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8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, 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)
vikash/-
U T
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