Patna High Court
Shyambabu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his criminal antecedent and compliance with the conditions imposed.
Summary
The petitioner, Shyambabu Yadav, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act read with Sections 112(2) and 3(5) of the BNS, 2023, relating to alleged recovery of large quantities of liquor from premises not owned by him. He argued that the liquor was seized from the houses of Ranjit Ram and Sanjay, that he had no possession or relationship with the accused, and that the case was based solely on a confessional statement made by Ranjit 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 bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 and two sureties, with the condition that the trial court verify the petitioner’s criminal antecedent; if more than three prior cases are found, the bail will not be confirmed, otherwise it will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act and BNS, 2023.
- Whether the concept of deemed possession and presumed offender applies post‑2018 amendment.
- Whether a confessional statement made in police custody can form the basis for arrest without other evidence.
Legislation cited
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20677 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- BARGAINIA District- Sitamarhi
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Shyambabu Yadav S/O Chulhai Ray @ Chullahi Ray R/o Vill.- Masaha Alam,
Ward No. 03, P.S.- Bairgania, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 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 Sections 30(a)(c)
of the Bihar Excise Act read with Sections 112(2) and 3(5) of
the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 705.9 liters of liquor from a house
and an orchard of Ranjit Ram and 207 liters of liquor from a
motorcycle parked in the premises of the house of Sanjay and
also from a place behind the house.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.20677 of 2026(2) dt.31-03-2026
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was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and petitioner has no concern or relation with Ranjit or Sanjay
and the petitioner came to be implicated based on confessional
statement of Ranjit 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.
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.
15000/- (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 Bairgania
P.S. Case No. 49 of 2026 subject to the conditions as laid down
under Section 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
Patna High Court CR. MISC. No.20677 of 2026(2) dt.31-03-2026
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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 only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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