Patna High Court
Ghuran Yadav @ Ghuran MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail conditions under Section 482(2) of the BNS.
Summary
Ghuran Yadav sought anticipatory bail after learning that he might be arrested in a case under Sections 274 and 275 of the Bihar Non‑Compulsory Statutes (BNS) and Section 30(a) of the Bihar Excise Act for allegedly possessing 90 litres of liquor recovered from three sacks. The petitioner argued that he had no conscious possession of the liquor, the alleged recovery occurred on premises not belonging to him, and the case was based solely on a confessional statement made by another person while in police custody, which he claimed lacked evidentiary value. He also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent before confirming the bail.
Issues considered
- What is the appropriateness of granting anticipatory bail when the alleged offence involves alleged possession of liquor without the accused’s conscious possession?
- Does the confessional statement of a third person in police custody constitute sufficient basis for arrest in the absence of direct evidence against the petitioner?
- Has the 2018 amendment to the Bihar Excise Act, which removed the doctrine of deemed possession, affected the petitioner’s liability?
Subjects
- anticipatory bail
- possession
- excise law
- confessional statement
- police custody
- clean antecedent
- Section 274
- Section 275
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29990 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- JAYNAGAR District- Madhubani
======================================================
Ghuran Yadav @ Ghuran Mukhiya S/O Pulkit Mukhiya Resident of Village-
Korahia Dih Tol, Police Station- Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashad
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 90 litres of liquor from three sacks.
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
and he has no concern with the sacks and he came to be
implicated based on confessional statement of Ramlochan in
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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 within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Jaynagar P.S. Case No. 82 of 2026, 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 even 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 is a
person with clean antecedent in that event the provisional
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anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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