Patna High Court
Bablu Yadav @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail, subject to verification of antecedents, confirming it only if the petitioner has at most one prior case.
Summary
The petitioner, Bablu Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly concealing 11.75 litres of liquor. He contended that the liquor was recovered from a location not belonging to him, he was not arrested on the spot, and the case relied on a confessional statement made in police custody, 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, rendering the prosecution’s basis weak. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming bail only if he has a single prior case.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged possession is not proven and the prosecution relies on a confessional statement.
- Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the bail decision.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- confessional statement
- excise law
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24541 of 2026
Arising Out of PS. Case No.-71 Year-2026 Thana- LAHERIMUHALLA District- Nalanda
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Bablu Yadav @ Bablu Kumar son of Naresh Yadav R/o - Alamganj, P.S -
Laheri, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 11.750 litres of liquor concealed
under husk. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner is accessible to villagers at
large and he came to be implicated based on confessional
statement of Nishant in police custody which does not have any
Patna High Court CR. MISC. No.24541 of 2026(2) dt.20-04-2026
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evidentiary value. It is also 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 through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.5000/- (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 Laheri P.S. Case No.71/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.24541 of 2026(2) dt.20-04-2026
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concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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