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Patna High Court

Chandan GiriversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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