Patna High Court
Anil Kumar Yadav @ MataluversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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