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Patna High Court

Dinesh Yadav @ Dinesh Kumar YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated bail conditions.

Summary

The petitioner, Dinesh Yadav, sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 read with Section 30(a) of the Bihar Excise Act, alleging recovery of 72 litres of liquor. He argued that he was not caught in possession, the alleged recovery occurred at a location not belonging to him, and the case relied on a confessional statement of an accused in police custody, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court granted provisional anticipatory bail on the condition of a Rs.5,000 bail bond with two sureties and ordered verification of the petitioner’s criminal antecedent within six weeks; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in view of the alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
  • Whether a confessional statement of an accused in police custody can form the basis for arrest.
  • Effect of the 2018 amendment removing deemed possession and presumed offender on bail considerations.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29619 of 2026
                     Arising Out of PS. Case No.-214 Year-2025 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Dinesh Yadav @ Dinesh Kumar Yadav S/o Ramavtar Yadav Resident of
                 Village - Tulsiyahi, P.S - Laukahi, District - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nilendu Kumar Choudhary
                 For the Opposite Party/s :       Ms. Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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 Sections 274, 275

                   and 3(5) of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 72 liters of liquor from a sack.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.29619 of 2026(2) dt.05-05-2026
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          apprehended accused 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.

                       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.

          5000/- (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 Laukahi

          P.S. Case No. 214 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       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
            Patna High Court CR. MISC. No.29619 of 2026(2) dt.05-05-2026
                                                        3/3




                      antecedent of one case only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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