Patna High Court
Lakhindra YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of criminal antecedents.
Summary
Petitioners Lakhindra Yadav and Sipahi Yadav sought anticipatory bail fearing arrest in a case under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act for alleged recovery of 230 litres of liquor from three motorcycles. They contended that they had no possession of the liquor, were not owners of the seized vehicles, and that the only evidence was a confessional statement made by a co‑accused, Rajesh, while in police custody, which they argued lacked evidentiary value. They further submitted 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, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 and two sureties, directing the trial court to verify the petitioners’ criminal antecedents and conditionally confirm the bail if the antecedents matched the petitioners’ claims.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a confessional statement made in police custody.
- Whether the 2018 amendment to the Bihar Prohibition and Excise Act eliminates the doctrine of deemed possession and presumed offender.
- Whether the petitioners’ criminal antecedents affect the confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- confessional statement
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31885 of 2026
Arising Out of PS. Case No.-140 Year-2025 Thana- Bhopatpur District- East Champaran
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1. Lakhindra Yadav S/o Madan Rai Resident of village - Yamunapar Kothi, P.S
- Kalyanpur, District - East Champaran
2. Sipahi Yadav S/o Late Mohar Rai @ Mohar Ray R/o Village - Bajhiya, P.S -
Bhopatpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a), 32,
41(1) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 is a person with clean antecedent and petitioner
no.2 has antecedent of three cases and allegation is of recovery
of 230 litres of liquor from three different motorcycles. It is
next submitted that petitioners were not arrested from the spot
as such nothing was recovered from their conscious possession
and are not owners of any of the seized vehicle and they came to
Patna High Court CR. MISC. No.31885 of 2026(2) dt.12-05-2026
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be implicated based on confessional statement of Rajesh in
police custody which does not have any evidentiary value. It is
also 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.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)
each 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 Bhopatpur P.S. Case No.140/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioner no.1 has antecedent
of even one case and petitioner no.2 has antecedent of more than
three cases, in that event, it would be presumed that petitioners
Patna High Court CR. MISC. No.31885 of 2026(2) dt.12-05-2026
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had concealed their antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed with
respect to those petitioners whose criminal antecedent does not
tally but if after verification the criminal antecedent as recorded
hereinabove tallies with the petitioners in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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