Patna High Court
Vikash Yadav @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of criminal antecedents and compliance with bail bond conditions, as the allegations did not constitute sufficient ground to deny bail under Section 482(2).
Summary
The petitioners, Vikash Yadav (in two separate petitions), sought anticipatory bail fearing arrest in cases under Sections 111(i)/111(ii) of the Bihar Narcotic Substances Act and Sections 30(a), 36 and 41(2) of the Bihar Excise Act relating to the alleged recovery of 1,075.68 litres of liquor. They argued that they were not caught in possession, were not owners of the seized vehicle, and the case was based solely on a confessional statement made by a co-accused in police custody, which they claimed lacked evidentiary value. The petitioners also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the anticipatory bail, asserting the seriousness of the offences and the petitioners’ prior criminal record. Justice Satyavrat Verma granted provisional anticipatory bail subject to bail bonds and sureties, directing the trial court to verify the petitioners’ criminal antecedents and conditionally confirm the bail if the antecedent count did not exceed the stipulated limits.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act in the absence of actual possession and based solely on a confessional statement.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of granting bail.
- Whether the petitioners’ prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 111(i), 111(ii), 30(a), 36, 41(2)
- Bihar Narcotic Substances Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Bihar Narcotic Substances Act
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21142 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Vikash Yadav @ Vikash Kumar Son of Binod Yadav R/o vill- Maranga, west
ward no. 8, P.S.- Maranga, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 21178 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Vikash Yadav @ Vikash Prasad Yadav Son of Basudev Yadav R/o vill-
Lasanpur Bauri, Oli Lasanpur, Thana- Dagarua, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 21142 of 2026)
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Renuka Ratnakar (App 125)
(In CRIMINAL MISCELLANEOUS No. 21178 of 2026)
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 Re:- Cr. Misc No. 21142 of 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
111(i)/111(ii) of the BNS Sections 30(a), 36 and 41(2) of the
Bihar Excise Act.
Patna High Court CR. MISC. No.21142 of 2026(3) dt.15-05-2026
2/5
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of fourteen cases under the Excise Act
and allegation is of recovery of 1075.68 litres of liquor from a
vehicle.
4. Learned counsel for the petitioner submits that the
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 Ajit 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. It is further submitted that once an accused is implicated in
a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
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
Patna High Court CR. MISC. No.21142 of 2026(3) dt.15-05-2026
3/5
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
70,000/- (Rupees Seventy 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
Champanagar P.S. Case No. 27 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
in the event if it is found that petitioner has antecedent of more
than fourteen 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
fourteen cases, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
Cr. Misc No. 21178 of 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
Patna High Court CR. MISC. No.21142 of 2026(3) dt.15-05-2026
4/5
111(i)/111(ii) of the BNS Sections 30(a), 36 and 41(2) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases under the Excise Act and
allegation is of recovery of 1075.68 litres of liquor from a
vehicle.
4. Learned counsel for the petitioner submits that the
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 Ajit 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. It is further submitted that once an accused is implicated in
a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
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
Patna High Court CR. MISC. No.21142 of 2026(3) dt.15-05-2026
5/5
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.
25,000/- (Rupees Twenty-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
Champanagar P.S. Case No. 27 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
in the event if it is found that petitioner has antecedent of more
than five 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 five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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