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Patna High Court

Rajesh Rai @ Rajesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.25,000 and two sureties, with the trial court empowered to cancel the bail if the petitioner attempts to delay the framing of charge or the trial.

Summary

Petitioner Rajesh Rai, accused under several IPC sections (272, 273, 420, 467, 468, 120(b)) and sections of the Bihar Prohibition and Excise Act, 2016, applied for bail. He has ten prior cases, one involving alleged recovery of 1,845 litres of liquor, but was not arrested at the scene and no seized vehicle was found in his possession. The prosecution’s case relies on a confessional statement made by a co‑accused in police custody, which the petitioner contends lacks evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The petitioner argued that he would not abscond and would cooperate with the trial. The State opposed bail. The court, after considering the submissions, granted bail on a bond of Rs.25,000 with two sureties, subject to the condition that the trial court may cancel bail if the petitioner attempts to delay charge framing or the trial.

Issues considered

  • Whether bail should be granted in a case involving serious IPC offences and excise violations.
  • Whether the confessional statement of a co‑accused made in police custody is admissible and sufficient to justify denial of bail.
  • Effect of the 2018 amendment to the Bihar Prohibition and Excise Act removing the doctrine of deemed possession on the bail application.
  • Whether the petitioner’s antecedent criminal history warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Bihar Prohibition and Excise Act
  • confessional statement
  • deemed possession
  • criminal procedure
  • preliminary hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27885 of 2026
                   Arising Out of PS. Case No.-172 Year-2022 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Rajesh Rai @ Rajesh Kumar Yadav S/o Rambabu Yadav @ Rambabu Rai R/o
                 Village - Faajilpur, P.S - Rajepur, District - East Champaran
                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prateek Tandon
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273, 420, 467, 468,

                   120(b) of the IPC and Sections 30(a), 32, 36, 41 of Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of ten cases, out of which, one case is

                   under the Excise Act and allegation is of recovery of 1845 litres

                   of liquor from four different vehicle. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated based on

                   confessional statement of Ranjit in police custody which does

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

                   amendment in the Excise Act in the year 2018, the concept of
           Patna High Court CR. MISC. No.27885 of 2026(2) dt.24-04-2026
                                                       2/2




                     deemed possession and presumed offender has been done away

                     with and petitioner is in custody since 18.01.2026 and charge

                     sheet has been submitted. It is also submitted that if privilege of

                     bail is granted to the petitioner, the petitioner will not abscond

                     rather will cooperate in the trial to prove his innocence.

                                   4. Learned A.P.P. opposes the prayer for bail of the

                     petitioner.

                                   5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, is

                     directed to be released on 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

                     Rajepur P.S. Case No.172/2022.

                                   6. However, it is made clear that if the learned trial

                     court comes to a conclusion that petitioner after his release is

                     trying to delay the framing of charge or after framing of charge

                     is trying to delay the trial, in both the conditions, the learned

                     trial court shall be at liberty to cancel the bail bonds of the

                     petitioner.

                                               (Satyavrat Verma, J)
amit/-
U      T


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