Akhilesh Yadav @ Akhilesh Kumar @ Amresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23786 of 2026 Arising Out of PS. Case No.-77 Year-2026 Thana- BELAGANJ District- Gaya ====================================================== 1.
Akhilesh Yadav @ Akhilesh Kumar @ Amresh Kumar S/O Late Kapil Yadav R/O Village - Birbal Bigha P.S.-Belaganj, District -Gaya ji 2.
Anup Yadav @ Anup Kumar S./O Late Shankar Yadav R/O Village - Birbal Bigha P.S.-Belaganj, District -Gaya ji ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Pushp Raj Singh, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2026
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 offences punishable under Sections 30(a), 30(c) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 30 litres of liquor from a place near the canal at Birbal Bigha.
4. Learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.23786 of 2026(2) dt.09-04-2026 2/3 recovery is from a place which does not belong to the petitioners and is accessible to villagers at large. It is further submitted that petitioners came to be implicated based on the confessional statement of Munna Kumra in police custody which does not have any evidentiary value in the eye of law. It is next 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.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel appearing on behalf of the petitioners, let 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.500/- (Rupees Five Hundred) 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 Belaganj P.S. Case No. 77 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Patna High Court CR. MISC. No.23786 of 2026(2) dt.09-04-2026 3/3 Trial Court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T