Patna High Court
Surendra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond and verification of the petitioner’s antecedent, with the order to be confirmed only if the antecedent does not exceed five cases.
Summary
The petitioner, Surendra Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where 62 litres of liquor were allegedly recovered from a motorcycle. He contended that he was not arrested on the spot, had no possession of the liquor, was not the vehicle's owner, and was implicated solely on a confessional statement of a co-accused taken in police custody, which he argued lacks evidentiary value. He 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 bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs. 25,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent within six weeks, stating that if more than five prior cases are found, the bail would not be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused is implicated solely on a co-accused's confessional statement.
- Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession and presumed offender affects the bail decision.
- Whether the petitioner’s prior criminal antecedent (five cases) influences the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26611 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- CHAKAND District- Gaya
======================================================
Surendra Yadav S/o Durga Yadav R/o Village- Dalli Bigha, P.s.- Belaganj,
District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 the
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 62
litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Sikander in police custody which does
Patna High Court CR. MISC. No.26611 of 2026(2) dt.23-04-2026
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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 further 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.
25,000/- (Rupees Twenty-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
Chakand P.S. Case No. 335 of 2025, 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
Patna High Court CR. MISC. No.26611 of 2026(2) dt.23-04-2026
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in the event if it is found that petitioner has antecedent of more
than five 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 five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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