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Patna High Court

Suresh Bhuiyan @ Suresh Bhueeya @ Suresh RikiyasanversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order also stipulated that if the petitioner is found to have more than four prior cases, the bail may be withdrawn; otherwise, it will be confirmed.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

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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