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Patna High Court

Satyendra RajwanshiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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