Patna High Court
Gautam Yadav @ Gautam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedent and compliance with the conditions imposed under Section 482(2) of the BNS.
Summary
The petitioner, Gautam Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 317(5) and 61(2) of the Bihar Narcotic and Psychotropic Substances Act (BNS) read with Section 30(a) of the Bihar Excise Act for allegedly recovering 54 litres of liquor from a Tata Magic vehicle. He contended that he was not caught in possession, was not the owner of the vehicle, and the case was based solely on a confessional statement made by another accused in police custody, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the doctrines of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than three prior cases are found, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under Sections 317(5) and 61(2) of the BNS read with Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of an accused in police custody can form the basis for arrest and denial of bail.
- Whether the 2018 amendment to the Excise Act eliminates the concepts of deemed possession and presumed offender for the purpose of granting anticipatory bail.
Subjects
- anticipatory bail
- Bihar Narcotic and Psychotropic Substances Act
- Bihar Excise Act
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30818 of 2026
Arising Out of PS. Case No.-517 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Gautam Yadav @ Gautam Kumar Son of Gopal Yadav Resident of Village-
Sohma, P.S.- Bithan, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 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 317(5) and
61(2) of the BNS read with Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 54 liters of liquor from a Tata Magic
vehicle.
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 is not the
owner of the seized vehicle and came to be implicated based on
Patna High Court CR. MISC. No.30818 of 2026(2) dt.07-05-2026
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confessional statement of 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.
15000/- (Rupees Fifteen 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 Alouli
(Bahadurpur) P.S. Case No. 517 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 three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.30818 of 2026(2) dt.07-05-2026
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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 antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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