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Patna High Court

Jagdish Kawariwala @ Krishna Devnath @ Bishnu @ Bishnu Devnath @ Jagdish Kawarewala Devnath @versusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioners sought anticipatory bail fearing arrest in a case registered under IPC sections 272 and 273 and several provisions of the Bihar Excise Act. They contended that they were not in actual possession of the seized liquor, were not owners of the trucks involved, and that the case against them was based solely on a confessional statement made by a co‑accused in police custody, which they argued lacked evidentiary value. They further submitted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, and that their prior three excise cases should not automatically preclude bail. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties, and directed the trial court to 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.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged possession of illicit liquor under IPC and the Bihar Excise Act.
  • Whether a confessional statement made by a co‑accused in police custody can form the basis for anticipatory bail denial.
  • Effect of the 2018 amendment to the Bihar Excise Act on the doctrine of deemed possession and presumed offender.
  • Whether the petitioner’s prior three excise cases bar the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23343 of 2026
                          Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia
                 ======================================================
                 Jagdish Kawariwala @ Krishna Devnath @ Bishnu @ Bishnu Devnath @
                 Jagdish Kawarewala Devnath @ S/o Narayan Devnath Yadav Petitioners
                 Name @ Jagodish Kawarewala Resident of - Para Subhas Pally, Dalkhola,
                 Baldoria, P.S.- Dalkhola, District - Uttar Dinajpur, State - West Bengal

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Md Fazle Karim, Advocate
                                                    Ms. Niharika Rani, Advocate
                 For the Opposite Party/s :         Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   17-04-2026                   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 272 and

                   273 of the IPC read with Sectionss 30(a), 33, 41 and 47 of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 16000 liters of liquor from two

                   trucks.

                                 4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.23343 of 2026(3) dt.17-04-2026
                                            2/3




          was recovered from his conscious possession and is not the

          owner of any of the seized vehicles and came to be implicated

          based on confessional statement of Murshid 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 also 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. It is also submitted that

          earlier also petitioner came to be implicated in similar manner in

          cases relating to Excise.

                       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
            Patna High Court CR. MISC. No.23343 of 2026(3) dt.17-04-2026
                                                        3/3




                      the case is pending/successor court in connection with Baisi P.S.

                      Case No. 238 of 2019 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

                      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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