Patna High Court
Rajan Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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