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Patna High Court

Baijnath Yadav @ Baidyanath YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioner’s antecedents, confirming bail if only two prior cases are found.

Summary

Petitioner Baijnath Yadav sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that he was implicated solely on the basis of confessional statements made by co‑accused in police custody and that no liquor or the vehicle was found in his possession. He argued that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, rendering the prosecution's case weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs 10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than two prior cases are found, the bail will not be confirmed; if exactly two, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence is based solely on confessional statements of co‑accused.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act, 2022, eliminates the doctrine of deemed possession and presumed offender.
  • Whether the petitioner’s prior criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • presumed offender
  • confessional statements
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32379 of 2026
                    Arising Out of PS. Case No.-61 Year-2026 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Baijnath Yadav @ Baidyanath Yadav Son of Kamaldev Yadav Resident of
                 Village- Bandar Jhuli, (wrongly mention in FIR Belhibodar), Lakshmipur,
                 P.S.- Laukaha, District- Madhubani, Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha
                 For the Opposite Party/s :      Ms. Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases, out of which, one case is

                   under the Excise Act and allegation is of recovery of 576 litres

                   of liquor from a car. It is next submitted 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

                   Deepak and Dhirendra in police custody which does not have
Patna High Court CR. MISC. No.32379 of 2026(2) dt.13-05-2026
                                            2/3




          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 petitioner.

                       5. 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.10,000/- (Rupees ten 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 Phulparas P.S. Case No.61/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          two cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of two

          cases, in that event the provisional anticipatory bail order shall
             Patna High Court CR. MISC. No.32379 of 2026(2) dt.13-05-2026
                                                         3/3




                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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