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Patna High Court

Tarabul @ Md. JauwadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedents.

Summary

The petitioner, Tarabul (Md. Jauwad), feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging the recovery of 813.5 litres of liquor from a Bolero vehicle. He contended that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on a confessional statement made by Hiralal while in police custody, which he argued lacks evidentiary value. The petitioner further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police were mechanically implicating persons without proper investigation. The State opposed the grant of anticipatory bail. The Court, after considering these submissions, granted provisional anticipatory bail subject to a bond of Rs. 5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged excise offences.
  • Whether the confessional statement of a co‑accused made in police custody can form a basis for arrest.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • police procedure
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26352 of 2026
                  Arising Out of PS. Case No.-68 Year-2026 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Tarabul @ Md. Jauwad S/O Late Sheikh Shauhid @ Sheikh Sohid Resident of
                 village - Gauripur,P.S- Balthar,Dist- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharad Kumar Verma, Advocate
                                                 Ms. Harsha Shashwat, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                   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 Section 30(a) of the

                   Bihar 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 813.5 liters of liquor from a Bolero

                   vehicle.

                                 4. Learned   counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.26352 of 2026(2) dt.22-04-2026
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          confessional statement of Hiralal 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.

                       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.

          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 Gopalpur

          P.S. Case No. 68 of 2026 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
            Patna High Court CR. MISC. No.26352 of 2026(2) dt.22-04-2026
                                                        3/3




                      event if it is found that petitioner has antecedent of more than one

                      case 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 one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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