Patna High Court
Suresh Bhuiyan @ Suresh Bhueeya @ Suresh RikiyasanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Suresh Bhuiyan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, 2018, alleging recovery of 10 litres of liquor from a motorcycle. He argued that he was not arrested at the spot, had no conscious possession of the seized liquor, and that the police statement of a co-accused (Dharmendra) lacked evidentiary value, especially after the amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.20,000 with two sureties and appears before the trial court within six weeks. The order also stipulated that if the petitioner is found to have more than four prior cases, the bail may be withdrawn; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act, 2018
- Whether the concepts of deemed possession and presumed offender apply post‑amendment of the Excise Act
- Whether a police‑recorded statement of a co‑accused has evidentiary value for granting bail
- Whether the petitioner’s criminal antecedent (more than four prior cases) affects the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act, 2018 — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- deemed possession
- presumed offender
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33526 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- MADANPUR District- Aurangabad
======================================================
Suresh Bhuiyan @ Suresh Bhueeya @ Suresh Rikiyasan S/o Late Kishun
Bhuiyan R/o Village - Bara, P.S. - Madanpur, Dist. - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Yogendra 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 four cases and allegation is of
recovery of 10 litres of liquor from a motorcycle.
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 is not the owner of
the seized motorcycle and he came to be implicated based on
Dharmendra in police custody which does not have any
evidentiary value. It is also submitted that after Amendment in
Patna High Court CR. MISC. No.33526 of 2026(2) dt.14-05-2026
2/3
the Excise Act, 2018, the concept of deemed possession and
presumed offender has been done away with. It is next
submitted that off late police has started implicating accused
with criminal antecedent in cases relating to Excise at the
instance of Chaukidar and local person for obvious reason.
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.20,000/- (Rupees Twenty 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 Madanpur P. S. Case No.87 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
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 four cases,
Patna High Court CR. MISC. No.33526 of 2026(2) dt.14-05-2026
3/3
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 four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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