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Patna High Court

Nagendra Yadav @ Ankit Yadav @ Anik yadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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