Patna High Court
Chandan GiriversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedents.
Summary
Chandan Giri applied for anticipatory bail under Section 438 of the Cr.P.C. after a complaint that 92 litres of liquor were recovered from his joint family house, alleging an offence under Section 30(a) of the Excise Act. The petitioner was not arrested at the scene and the liquor was not found in his immediate possession. The prosecution’s case relied on a confessional statement made by the petitioner’s wife while in police custody, which the petitioner’s counsel argued had no evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The court noted the lack of direct possession, the joint family ownership of the house, and the questionable reliability of the wife’s statement, and therefore granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and verification of the petitioner’s criminal antecedents. The order also stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case exists, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. for an alleged offence under Section 30(a) of the Excise Act.
- Whether the confessional statement of the petitioner’s wife, made in police custody, is admissible as evidence.
- Whether the petitioner’s prior criminal antecedent(s) affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- deemed possession
- confessional statement
- joint family property
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6887 of 2026
Arising Out of PS. Case No.-469 Year-2025 Thana- NEMDARGANJ District- Nawada
======================================================
Chandan Giri Son of Nandu Giri Resident of Village- Parto Karahri, P.S.-
Nemdarganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 one case under the Excise Act
and allegation is of recovery of 92 litres of liquor from the
house of the petitioner.
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 even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.6887 of 2026(2) dt.19-02-2026
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in the house or the liquor kept in the house was within his
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and he came to be implicated based on
confessional statement of his wife Sushma Devi in police
custody, which does not have any evidentiary value. It is also
submitted that since petitioner has antecedent of one case under
the Excise Act, as such, his wife was made to confess his name.
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.5,000/- (Rupees Five 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 Nemdarganj P. S. Case No.469 of 2025, 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
Patna High Court CR. MISC. No.6887 of 2026(2) dt.19-02-2026
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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 one case, 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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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