Patna High Court
Rajan Kumar @ Rajan YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s criminal antecedents.
Summary
Petitioner Rajan Kumar was implicated in a case alleging recovery of 159 litres of liquor from a motorcycle, charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018. He applied for anticipatory bail, contending that he was not arrested at the spot, did not own the vehicle, and that the case relied on a confessional statement of another accused, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a six‑week window for surrender, with a condition that the trial court verify his criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act, 2018 involving alleged possession of liquor.
- Whether the confessional statement of another accused can be the sole basis for implicating the petitioner.
- Effect of the 2018 amendment removing deemed possession and presumed offender on bail considerations.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22386 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- JITNA District- East Champaran
======================================================
Rajan Kumar @ Rajan Yadav Son of Rambabu Rai Resident of Village -
Champapur, P.S.- Ghorasahan, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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) and
41(1) of the Bihar Prohibition and Excise Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 159 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of
apprehended accused in police custody which does not have any
Patna High Court CR. MISC. No.22386 of 2026(2) dt.08-04-2026
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evidentiary value in the eye of law. 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 also submitted that once an accused is implicated in a
case relating to excise the police start implicating mechanically
either at the instance of the Chawkidar, local person,
confessional statement or secret information without holding a
proper investigation of the case.
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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on provisional
anticipatory bail on furnishing bail bonds 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 Jitna P.S. Case No.
70 of 2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.22386 of 2026(2) dt.08-04-2026
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and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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