Patna High Court
Dhanvir Yadav @ Dharamveer YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Dhanvir Yadav, applied for anticipatory bail in a case alleging offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, relating to the alleged recovery of 108 litres of liquor from a motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the motorcycle, and that the only evidence against him was a confessional statement made by Laxmi Yadav in police custody, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and appear before the trial court within six weeks, subject to Section 438(2) of the Cr.P.C. The order also stipulated that if the trial court finds the petitioner has more than four prior excise cases, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted in view of the alleged offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether a confessional statement made in police custody can be relied upon as evidence for granting or denying bail.
- Effect of the 2018 amendment to the Excise Act on the concepts of deemed possession and presumed offender in bail considerations.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- confessional statement
- deemed possession
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20039 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
Dhanvir Yadav @ Dharamveer Yadav Son of Sulechan Yadav @ Suta Yadav
Resident of Village- Basopatti, P.S.- Basopatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 108 litres of liquor from a
motorcycle.
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 motorcycle and he came to be implicated based on
Patna High Court CR. MISC. No.20039 of 2026(2) dt.31-03-2026
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confessional statement of Laxmi Yadav in police custody, which
does not have any evidentiary value. It is next submitted that
after 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. It is
also submitted that petitioner in similar manner earlier also
came to be implicated in cases relating to Excise.
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.20,000/- (Rupees Twenty 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 Basopatti P. S. Case No.08 of 2026, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.20039 of 2026(2) dt.31-03-2026
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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
found that petitioner has antecedent of more than four 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 four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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