Patna High Court
Yogendra Bhagat @ YogendraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of criminal antecedents.
Summary
The petitioners, Yogendra Bhagat and Sadanand Rao, sought anticipatory bail fearing arrest in a case under the Bihar Excise Act for allegedly recovering 466.02 litres of liquor from a pickup van. They contended that they were not in conscious possession, were not owners of the vehicle, and were implicated solely on confessional statements of co‑accused made in police custody, which they argued lack evidentiary value. They further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioners' criminal antecedents, with the order to be confirmed or set aside after such verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act.
- Whether confessional statements of co‑accused made in police custody are admissible for bail considerations.
- Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statements
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23339 of 2026
Arising Out of PS. Case No.-586 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Yogendra Bhagat @ Yogendra S/O Ramanand Bhagat Resident of Village -
Barmadiya, P.S.- Chakia, District- East Champaran.
2. Sadanand Rao S/O Dhanaraj Rao R/O Bhaluhi, P.S- Kushinagar, Distt.-
Kushinagar (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a),
32(1)(2), 41(1)(2) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 466.02 litres of liquor from a pickup
van.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.23339 of 2026(2) dt.09-04-2026
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recovered from their conscious possession and is not the owner
of the seized vehicle and they came to be implicated based on
confessional statement of Sagir and Rizwan 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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)
each 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 Banjariya P.S. Case No. 586 of 2025
subject to the conditions as laid down under Section Section
482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than one case and petitioner no. 2 has antecedent of even one
Patna High Court CR. MISC. No.23339 of 2026(2) dt.09-04-2026
3/3
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioner no. 1 has antecedent of one case and
petitioner no. 2 is a person with clean antecedent in that event
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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