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Patna High Court

Chuman YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of his antecedents.

Summary

Petitioner Chuman Yadav sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from a river bank, a motorcycle and sacks, none of which were in his conscious possession. He argued that the only evidence was a confessional statement of an accomplice made in police custody, which he claimed lacked evidentiary value, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties of the same amount, subject to verification of the petitioner’s criminal antecedents by the trial court. If any antecedent is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in offences punishable under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement made by an accused in police custody can be relied upon for granting anticipatory bail.
  • Whether the concepts of deemed possession and presumed offender, removed by the 2018 amendment, affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • deemed possession
  • confessional statement
  • clean antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26488 of 2026
                 Arising Out of PS. Case No.-190 Year-2026 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Chuman Yadav S/o- Jeetan Yadav R/v- Dumri W.No-2, Ps- Majhauliya Dist-
                 West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Kishor Mishra
                 For the Opposite Party/s :      Mr. Abhay Kumar
                 ======================================================
                 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 offence punishable under Sections 30(a) and

                   30(d) of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 15 litres of liquor from bank of Dumri river and 50

                   litres of liquor from a motorcycle and two sacks. 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 and is accessible to villagers at large and is not the

                   owner of the seized vehicle and he came to be implicated based
Patna High Court CR. MISC. No.26488 of 2026(2) dt.22-04-2026
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          on confessional statement of Gulshan in police custody which

          does not have any evidentiary value. It is also submitted that

          and after amendment in the Excise Act in the year 2018, the

          concept of deemed possession and presumed offender has been

          done away with.

                       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.500/- (Rupees five hundred) 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 Majhauliya P.S. Case No.190/2026, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.26488 of 2026(2) dt.22-04-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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