Patna High Court
SHAILESH KUMAR @ SHAILESH KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond and verification of antecedent.
Summary
Shailesh Kumar Yadav applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 43.2 litres of liquor from a sack near a motorcycle that was seized. The petitioner argued he had no prior criminal record, was not arrested at the scene, did not have conscious possession of the liquor, and was implicated only through a confessional statement of another accused, which he claimed lacked evidentiary value. He also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and directed verification of the petitioner’s antecedent, reserving the right to cancel bail if any prior case is found.
Issues considered
- Whether anticipatory bail is appropriate when the alleged offence under Section 30(a) of the Excise Act is based solely on a confessional statement of another accused and no conscious possession is established.
- Effect of the 2018 amendment to the Excise Act removing deemed possession and presumed offender on the grant of bail.
- Whether the absence of arrest and clean antecedent justify granting anticipatory bail under Section 438 CrPC.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- deemed possession
- confessional statement
- provisional bail
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30814 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- DAUDPUR District- Saran
======================================================
Shailesh Kumar @ Shailesh Kumar Yadav S/O- Late Ramjee Yadav R/V-
Sarkhelpar Ps- Daudpur Dist- Saran
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwajeet Singh
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
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.
The learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 43.2 litres of liquor from a sack kept near a
motorcycle and the motorcycle was seized.
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 is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.30814 of 2026(2) dt.07-05-2026
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custody, which does not have any evidentiary value. It is also
submitted that after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with.
Learned A.P.P. opposes the anticipatory bail
application.
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.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
Daudpur P. S. Case No.59 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
The application stands allowed.
It is made clear that the learned trial Court after
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
Patna High Court CR. MISC. No.30814 of 2026(2) dt.07-05-2026
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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/-
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