Patna High Court
Bipat Yadav @ Vipat YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the conditions imposed.
Summary
The petitioner, Bipat Yadav, sought anticipatory bail fearing arrest in a case under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 765 litres of liquor from a truck and a motorcycle. He contended that he was not in possession of the seized vehicles, was not arrested at the spot, and was implicated solely on a confessional statement made by Jai Prakash while in police custody, which he argued lacked evidentiary value. He further submitted that the 2018 amendment to the Excise Act had abolished the doctrines of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, confirming the bail if only two prior cases are found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the confessional statement made in police custody can be the sole basis for arrest
- Effect of the 2018 amendment on the concepts of deemed possession and presumed offender
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41, 47
- B.N.S.S. (Criminal Procedure Code) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- presumed offender
- confessional statement
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32929 of 2026
Arising Out of PS. Case No.-131 Year-2024 Thana- BANGAWON District- Saharsa
======================================================
Bipat Yadav @ Vipat Yadav Son of Mozelal Yadav Resident of Village-
Bariyahi Basti Banbadha Tola, Ward No. 8, P.S.- Bangoan, Distt.- Saharsa,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma
For the Opposite Party/s : Mr. Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 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 Sections 30(a), 41
and 47 of Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 765 litres of liquor from a truck and
a motorcycle. 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 any of the seized
vehicle and he came to be implicated based on confessional
statement of Jai Prakash in police custody which does not have
Patna High Court CR. MISC. No.32929 of 2026(2) dt.14-05-2026
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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 Bangaon P.S. Case No.131/2024, 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.32929 of 2026(2) dt.14-05-2026
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be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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