Patna High Court
GHURAN YADAV @ MANTU KUMAR @ DHURAN YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedents, without a definitive finding on the merits of the underlying offence.
Summary
The petitioner, Ghuran Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of liquor and motorcycles. He argued that he was not in possession of the seized items, the orchard did not belong to him, and the case was based solely on a confessional statement of an accused in police custody, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedents within six weeks, and stipulated that the bail would not be confirmed if more than three prior cases were found.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement of an accused in police custody can form the sole basis for arrest and bail denial.
- Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18690 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DAWATH District- Rohtas
======================================================
GHURAN YADAV @ MANTU KUMAR @ DHURAN YADAV S/o-
Badelal Singh @ Bade Lal Singh R/v- Parmeshwarpur Ps- Dawath Dist-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
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 the
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 197.52
litres of liquor from from an orchard along with three
motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
Patna High Court CR. MISC. No.18690 of 2026(2) dt.25-03-2026
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recovery is from an orchard which does not belong to the
petitioner and petitioner is not the owner of any of the seized
motorcycles 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 year 2018, the concept of
deemed possession and presumed offender has been done away
with. It is further 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. 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 Dawath P.S. Case No.
369 of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.18690 of 2026(2) dt.25-03-2026
3/3
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
three 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 three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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