Patna High Court
Jagdish Kawariwala @ Krishna Devnath @ Bishnu @ Bishnu Devnath @ Jagdish Kawarewala Devnath @versusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 272, 273
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
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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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