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Patna High Court

Gautam Yadav @ Gautam KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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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