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Patna High Court

Kari yadav @ Amarjit YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of his criminal antecedent.

Summary

The petitioner, Kari Yadav, sought anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged recovery of 74.460 litres of liquor from an orchard not owned by him. He argued that he was not arrested at the spot, no liquor was found in his possession, and the case was based solely on a confessional statement of an apprehended accused, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, making the charge untenable. The State opposed the bail, citing the petitioner’s antecedent of ten prior cases, six of which were under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.50,000 bond, two sureties, and a six‑week surrender, while directing verification of the petitioner’s criminal antecedent. The order stipulated that if more than ten prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where the alleged liquor was not in the petitioner’s possession.
  • Whether the 2018 amendment to the Excise Act, which removed the concepts of deemed possession and presumed offender, affects the grant of anticipatory bail.
  • Whether a confessional statement of an apprehended accused, without corroborative evidence, can justify denial of anticipatory bail.
  • What conditions under Section 438(2) of the Cr.P.C. must be imposed for granting anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • Section 438
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33228 of 2026
                       Arising Out of PS. Case No.-29 Year-2026 Thana- KEWATI District- Darbhanga
                 ======================================================
                 Kari yadav @ Amarjit Yadav Son of Ram Prakash yadav Resident of Village-
                 Kadam Toli Police Station -Keoti District -Darbhanaga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nilendu Kumar Choudhary
                 For the Opposite Party/s :        Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of ten cases out of which six cases

                   are under the Excise Act and allegation is of recovery of 74.460

                   litres of liquor from an orchard situated near Gas Agency.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.33228 of 2026(2) dt.14-05-2026
                                            2/3




          apprehended accused in police custody which does not have any

          evidentiary value. It is also submitted that after Amendment in

          the Excise Act, 2018, the concept of deemed possession and

          presumed offender has been done away with. It is next

          submitted that police in majority of cases implicating innocent

          persons either at the behest of Chaukidar, local person, secret

          information and confessional statement in a mechanical manner

          without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.50,000/- (Rupees Fifty 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 Keoti P. S. Case No.29 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.33228 of 2026(2) dt.14-05-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than ten cases, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of ten cases only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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