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Patna High Court

Bipat Yadav @ Vipat YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            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 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
                                                         3/3




                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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