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Patna High Court

Bedu Yadav @ Baiju YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Bedu Yadav, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for allegedly recovering 34 litres of liquor from his hut. He argued that the liquor was not in his conscious possession, the house is joint family property, and the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending the allegations warranted arrest. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is disputed
  • Effect of the 2018 amendment removing deemed possession and presumed offender on bail considerations
  • Whether the petitioner’s criminal antecedent warrants denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91358 of 2025
                     Arising Out of PS. Case No.-481 Year-2025 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Bedu Yadav @ Baiju Yadav S/o Late Dukhi Yadav Resident of Village-
                 Bhumai, P.S.- Akbarpur, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :      Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and

                   allegation is of recovery of 34 liters of liquor from hut of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.91358 of 2025(2) dt.12-01-2026
                                            2/3




          the house or the liquor kept in the house was within his

          knowledge and 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 next submitted that petitioner

          came to be implicated based on secret information which is the

          easiest way to implicate someone without holding a proper

          investigation.

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

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds 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 Akbarpur

          P.S. Case No. 481 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of more
            Patna High Court CR. MISC. No.91358 of 2025(2) dt.12-01-2026
                                                        3/3




                      than one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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