Patna High Court
Akhilesh Yadav @ Akhilesh Kumar @ Amresh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of their criminal antecedent.
Summary
The petitioners, Akhilesh Yadav and Anup Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 30 litres of liquor near a canal. They contended they have clean antecedents, the liquor was not in their conscious possession, and the only link to them was a confessional statement of Munna Kumra made in police custody, which they argued lacks evidentiary value. The State opposed the bail, asserting the seriousness of the alleged offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and conditioned the order on verification of the petitioners’ criminal antecedent. The order further stipulated that if any antecedent is found, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged recovery of liquor and the confessional statement of a co-accused.
- Whether the amendment to the Bihar Prohibition and Excise Act, 2022, has abolished the doctrine of deemed possession and presumed offender.
- Whether the petitioners’ alleged clean antecedent warrants the grant of bail despite the seriousness of the offences.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23786 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- BELAGANJ District- Gaya
======================================================
1. Akhilesh Yadav @ Akhilesh Kumar @ Amresh Kumar S/O Late Kapil
Yadav R/O Village - Birbal Bigha P.S.-Belaganj, District -Gaya ji
2. Anup Yadav @ Anup Kumar S./O Late Shankar Yadav R/O Village - Birbal
Bigha P.S.-Belaganj, District -Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
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),
30(c) and 30(d) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 30 litres of liquor from a place near the canal at
Birbal Bigha.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.23786 of 2026(2) dt.09-04-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large. It is further
submitted that petitioners came to be implicated based on the
confessional statement of Munna Kumra in police custody
which does not have any 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.
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 appearing on behalf of the petitioners, let 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.500/- (Rupees Five Hundred) 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
Belaganj P.S. Case No. 77 of 2026, 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
Patna High Court CR. MISC. No.23786 of 2026(2) dt.09-04-2026
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Trial Court shall verify the criminal antecedent of the petitioners
and if it is found that petitioners have antecedent of even one
case, it would be presumed that petitioners had concealed their
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
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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