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Patna High Court

Gorelal BindversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail subject to conditions and verification of his criminal antecedents.

Summary

The petitioner, Gorelal Bind, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act alleging possession of liquor recovered from a neighbour and his backyard. He argued that no liquor was found in his immediate possession, the recovery was based on a confessional statement made in police custody, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties, subject to verification of the petitioner’s criminal antecedents within six weeks. The order stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case is found, the provisional bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in the context of alleged liquor possession under the Bihar Excise Act.
  • Whether the confessional statement of Gendari Paswan, made in police custody, can form a basis for arrest and denial of bail.
  • Effect of the 2018 amendment to the Bihar Excise Act on the doctrines of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • deemed possession
  • presumed offender
  • confessional statement
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28815 of 2026
                       Arising Out of PS. Case No.-9 Year-2026 Thana- DANDARI District- Begusarai
                 ======================================================
                 Gorelal Bind S/o- Late Mahendra Bind R/village- Balha, Katarmala, PS-
                 Dandari District-Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saket Kumar
                 For the Opposite Party/s :        Ms.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026               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 one case under the Excise Act and

                   allegation is of recovery of 5 litres of liquor from possession of

                   Gendari Paswan and 15 litres of liquor from the backyard of the

                   house of the petitioner.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.28815 of 2026(2) dt.30-04-2026
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          but then is adjacent to his house and he came to be implicated

          based on confessional statement of Gendari in police custody

          which does 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.

          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 Dandari

          P.S. Case No. 9 of 2026, subject to the conditions as laid down

          under Section 482(2) of the BNSS.
              Patna High Court CR. MISC. No.28815 of 2026(2) dt.30-04-2026
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                                 7.     It is made clear that thereafter the learned Trial

                        Court 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 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 one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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