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Patna High Court

Rajan Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.

Summary

The petitioner, Rajan Kumar Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Sections 30(a) and 47 of the Excise Act, 2018, alleging recovery of 567 litres of liquor from a vehicle not in his conscious possession. He argued that the case was based solely on a confessional statement made in police custody, which he claimed lacked evidentiary value, and that the recent amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedents. If more than one antecedent is found, the bail will not be confirmed; if only one antecedent is found, the provisional bail will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence under the Excise Act is based solely on a confessional statement and no conscious possession is established.
  • Whether the amendment to the Excise Act, 2018 removing the concepts of deemed possession and presumed offender, affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30(a)
  • Section 47
  • confessional statement
  • deemed possession
  • criminal antecedent
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19203 of 2026
                        Arising Out of PS. Case No.-36 Year-2026 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Rajan Kumar Yadav son of Ramadhar Yadav Resident Of Village -Titara Tola
                 Mishrauli, Po -Titara, Ps -Mairwa, Dist -Siwan

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Dhananjay Kumar Shahi
                 For the Opposite Party/s :         Mr.Ramchandra Sahni
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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(a) and 47 of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 567 litres of liquor from a car.

                                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 is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Prince in police custody, which does

                   not have any evidentiary value. It is next submitted that after
Patna High Court CR. MISC. No.19203 of 2026(2) dt.26-03-2026
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          Amendment in the Excise Act, 2018, the concept of deemed

          possession and presumed offender has been done away with. 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.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 Siwan Excise P. S. Case No.36 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       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
               Patna High Court CR. MISC. No.19203 of 2026(2) dt.26-03-2026
                                                           3/3




                         found that petitioner has antecedent of more than one case, 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 one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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