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Patna High Court

Abdhesh Yadav @ Avdesh YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Abdhesh Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 8.250 litres of liquor from his residence. He argued that he was not arrested at the scene, the liquor was located in a joint family house, and there was no conscious possession, contending that the post‑2018 amendment to the Excise Act had abolished the doctrine of deemed possession. He also suggested that the complaint was motivated by an inimical relationship with the reporting chaukidar. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and directed verification of the petitioner’s criminal antecedents, stating that the bail could be withdrawn if more than one prior case is found. The order was made subject to the conditions of Section 438(2) CrPC.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
  • Whether the doctrine of deemed possession applies after the 2018 amendment to the Excise Act.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27075 of 2026
                   Arising Out of PS. Case No.-394 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Abdhesh Yadav @ Avdesh Yadav S/O Jiwan Yadav Resident of Village-
                 Tarso, P.S- Kusheshwar Asthan, District- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ranjit Kumar Yadav
                 For the Opposite Party/s :     Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 8.250 litres of liquor from house

                   of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.27075 of 2026(2) dt.23-04-2026
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          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          Chaukidar with whom he is on an inimical term. It is further

          submitted that if Chaukidar was aware of the involvement of the

          petitioners in the occurrence, then why he did not inform the

          police prior to institution of the present F.I.R., which casts an

          aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (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 Kusheshwar Asthan P. S. Case No.394 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.
               Patna High Court CR. MISC. No.27075 of 2026(2) dt.23-04-2026
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                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the 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

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, 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)
vikash/-

U          T


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