Patna High Court
Ajay Kumar Yadav @ Ajay YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to conditions under Section 438(2) CrPC.
Summary
The petitioner, Ajay Kumar Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 184.59 litres of liquor from an auto. The petitioner argued that he had no prior criminal record, was not in possession of the liquor at the time of arrest, and that the case was based solely on confessional statements made by Ganga and Krishna while in police custody, which he claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The court noted the amendment to the Excise Act, 2018, which removed the concepts of deemed possession and presumed offender, and granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner’s antecedents by the trial court. The order stipulated that if any prior case is discovered, 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.
- Whether confessional statements made in police custody have evidentiary value for bail considerations.
- Effect of the 2018 amendment to the Excise Act removing deemed possession and presumed offender concepts on bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- deemed possession
- confessional statement
- clean antecedent
- Section 438
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33548 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
Ajay Kumar Yadav @ Ajay Yadav S/O Late Lal Kishore Yadav R/O Vill.-
Hulaspatti, P.S.- Pulparas, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
Ms.Nitu Kumari
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
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 is a person with clean antecedent and allegation is
of recovery of 184.59 litres of liquor from an auto.
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 auto and he came to be implicated based on
confessional statement of Ganga and Krishna in police custody
Patna High Court CR. MISC. No.33548 of 2026(2) dt.14-05-2026
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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.500/- (Rupees Five Hundred) 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
Phulparas P. S. Case No.06 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.33548 of 2026(2) dt.14-05-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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