Created by Fuzzy Cloud

Patna High Court

Balindra YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to bail bonds, sureties, and verification of their criminal antecedents.

Summary

Balindra Yadav and Sunil Yadav sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 396 litres of liquor were allegedly recovered from four motorcycles. They argued that they were not arrested on the spot, no liquor was found in their possession, and the only basis for their implication was a confessional statement made by a third person, Nitesh, while in police custody, which they claimed lacks evidentiary value. The petitioners further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police were mechanically implicating individuals without proper investigation. The State opposed the anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.40,000 with two sureties and directed verification of the petitioners' criminal antecedents, after which the bail could be confirmed or revoked.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances described.
  • Whether a confessional statement of a third person in police custody can form a basis for implicating the petitioners.
  • Whether the 2018 amendment to the Bihar Prohibition and Excise Act has eliminated the doctrine of deemed possession and presumed offender.
  • Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57803 of 2025
                   Arising Out of PS. Case No.-103 Year-2025 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
           1.     Balindra Yadav S/O Misri Yadav R/O Madwani, P.S- Phulwaria, Distt.-
                  Gopalganj.
           2.    Sunil Yadav S/O Suresh Yadav R/O Mardwani, P.S- Phulwariya, Distt.-
                 Gopalganj.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepankar Raj
                 For the Opposite Party/s :      Mr. Satya Nand Shukla
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   15-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Amendment Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of 8 cases, out of which, six cases

                   are under the Excise Act and petitioner no.2 has antecedent of

                   six cases under the Excise Act and allegation is of recovery of

                   396 litres of liquor from four motorcycles. It is next submitted

                   that petitioners were not arrested from the spot as such nothing

                   was recovered from their conscious possession and are not the
Patna High Court CR. MISC. No.57803 of 2025(4) dt.15-04-2026
                                            2/3




          owner of any of the seized vehicle and they came to be

          implicated based on confessional statement of Nitesh in police

          custody which does not have any evidentiary value. It is also

          submitted that after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with. It is also submitted that once an

          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation. It is also submitted that

          petitioners earlier in similar manner came to be implicated in

          cases relating to excise.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.40,000/- (Rupees forty thousand)

          each 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 Phulwariya P.S. Case No.103/2025,
             Patna High Court CR. MISC. No.57803 of 2025(4) dt.15-04-2026
                                                         3/3




                       subject to the conditions as laid down under Section 482(2) of

                       the B.N.S.S.

                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of more than eight cases and petitioner no.2 has antecedent of

                       more than six cases, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with respect to those petitioners whose criminal

                       antecedent does not tally but if after verification the criminal

                       antecedent as recorded hereinabove tallies with the petitioners in

                       that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.