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Patna High Court

Anil Kumar Yadav @ MataluversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioner, Anil Kumar Yadav, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case registered under Sections 30(a) and 37 of the Excise Act for allegedly possessing 360ml of liquor in a Honda City. He argued that he has a clean antecedent, was not in actual possession of the liquor, and that the case is based solely on a confessional statement of an apprehended accused, which he claimed lacks evidentiary value, especially after the 2018 amendment that removed the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents by the trial court. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
  • Whether the confessional statement of an apprehended accused can form the basis for arrest in the absence of actual possession.
  • Effect of the 2018 amendment to the Excise Act on the concepts of deemed possession and presumed offender.
  • Whether the petitioner’s clean antecedent warrants grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • confessional statement
  • clean antecedent
  • bail bond
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27386 of 2026
                    Arising Out of PS. Case No.-141 Year-2023 Thana- ARA NAWADA District- Bhojpur
                 ======================================================
                 Anil Kumar Yadav @ Matalu S/O Om Prakash Yadav @ Parshuram Yadav @
                 Om Prakash R/O - Shubhkaran Ganj, P .S - Ara Muffasil, District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bibhakar Tiwary
                                                 Mr.Dilip Kumar Tiwary
                 For the Opposite Party/s :      Mr.Narsingh Tanti
                 ======================================================
                 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

                   Sections 30(a) and 37 of the Excise Act.

                                 3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 360ml liquor from Honda City Car.

                                 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 is not the owner of

                   the seized car and he came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.27386 of 2026(2) dt.23-04-2026
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          custody, which does not have any evidentiary value. It is also

          submitted that after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with.

                       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.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

          Ara Nawada P. S. Case No.141 of 2023, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.27386 of 2026(2) dt.23-04-2026
                                                           3/3




                         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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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