Patna High Court
Tufani RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Tufani Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 25 litres of liquor from other accused. He argued that he was not caught in possession, that the charge was based solely on a confessional statement made by another accused while in police custody, 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, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The trial court was directed to verify the petitioner’s criminal antecedent; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is based solely on a confessional statement of another accused and no possession is established.
- Whether the 2018 amendment to the Bihar Excise Act removing deemed possession and presumed offender concepts affects bail considerations.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for provisional anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- confessional statement
- police custody
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18274 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
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Tufani Rai S/O Dharmnath Ray R/o village - Jamuna Mathiya , P.s- Chapra
Muffasil , District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 25 liters of liquor from possession of
Kishundeo and Jawahir.
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 has no
concern or relation with apprehended accused and came to be
implicated based on confessional statement of Kishundeo in
Patna High Court CR. MISC. No.18274 of 2026(2) dt.25-03-2026
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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.
10,000/- (Rupees Ten 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 Chapra
Muffasil 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 Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than two
Patna High Court CR. MISC. No.18274 of 2026(2) dt.25-03-2026
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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 two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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