Patna High Court
Satyendra RajwanshiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Satyendra Rajwanshi, 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 possession of five litres of liquor. He argued that he has a clean antecedent, the liquor was recovered from a joint family house and not from his conscious possession, and that the alleged offence relied on a confessional statement of a co-accused which lacks evidentiary value. The State opposed the bail, contending that the petitioner could be deemed to have possession under the earlier doctrine of deemed possession. The Court examined the effect of the 2018 amendment to the Excise Act, which abolished the concept of deemed possession and presumed offender, and found no sufficient basis to deny bail. Consequently, the Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent, with the order to be confirmed if the antecedent check remains clean.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
- Whether the doctrine of deemed possession and presumed offender, removed by the 2018 amendment to the Excise Act, applies to the petitioner.
- Whether a confessional statement made by a co-accused in police custody can be the basis for denying anticipatory bail.
- Whether the fact that the alleged liquor was found in a joint family house affects the presumption of possession.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- confessional statement
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28916 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- WAJIRGANJ District- Gaya
======================================================
Satyendra Rajwanshi S/o Kailash Rajwanshi @ Golu Rajwanshi @ Gola
Rajwanshi R/o Mohalla- Ram Kishna Bigha, Manaini, PS- Wazirganj, Dist-
Gayajee, at present vill Jamunwan Tola, Sunderwan, P.S.- Wazirganj, Distt.-
Gayajee
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 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 is a person with clean antecedent and allegation is
of recovery of 05 litres of liquor from the 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.28916 of 2026(2) dt.30-04-2026
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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 based on
confessional statement of Vikram in police custody, which does
not have any evidentiary value. It is also submitted that
petitioner has no concern or relation with Vikram.
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 Wazirganj P. S. Case No.87 of 2026, 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
Patna High Court CR. MISC. No.28916 of 2026(2) dt.30-04-2026
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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
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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