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Patna High Court

Dhanvir Yadav @ Dharamveer YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                                      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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