Patna High Court
Nagendra Yadav @ Ankit Yadav @ Anik yadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Nagendra Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. He argued that he was not arrested at the spot, that the seized bicycle was not his property, and that the only evidence against him was a confessional statement made by Ajay while in police custody, 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. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.20,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if the petitioner is found to have more than four prior cases, the bail would be cancelled, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC when the accused has four prior criminal cases.
- Whether a confessional statement made in police custody has evidentiary value for granting bail.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender for bail considerations.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- confessional statement
- deemed possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33547 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Nagendra Yadav @ Ankit Yadav @ Anik yadav son of Nawal Yadav Resident
of Village -Umgaon PS- Harlakhi Dist -Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
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 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases out of which one case
is under the Excise Act and allegation is of recovery of 48.875
litres of liquor from a bicycle.
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 bicycle and he came to be implicated based on
Patna High Court CR. MISC. No.33547 of 2026(2) dt.14-05-2026
2/3
confessional statement of Ajay 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.
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 Harlakhi P. S. Case No.95 of 2026 (G.R. Case
No.373 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.33547 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.