Patna High Court
Vipin Mahtha @ Bipin Kumar MahthaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, pending verification of his antecedents.
Summary
The petitioner, Vipin Mahtha, feared arrest in a case alleging illegal possession of 141.84 litres of liquor recovered from two motorcycles, charged under Sections 317(5), 274, 275, 3(5) of the Bihar Negotiable Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had no clean possession, was not the owner of the vehicles, and the case relied on a confessional statement made by Md. Daud while in police custody, which he claimed lacked evidentiary value. He also highlighted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and he possessed a clean criminal record. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail subject to a modest bond and sureties, directing the trial court to verify the petitioner’s antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bihar Negotiable Substances Act and the Bihar Prohibition and Excise Act.
- Whether the confessional statement of Md. Daud recorded in police custody can be relied upon as evidence.
- Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender for the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- confessional statement
- clean antecedent
- excise law
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12354 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Vipin Mahtha @ Bipin Kumar Mahtha S/o- Raj Kumar Mahtha R/v-
Basopatti Bhavandai Chowk, W.No-14, Ps- Basopatti Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Adv.
Ms. Archna Aanand, Adv.
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 offence punishable under Sections 317 (5),
274, 275, 3(5) of the BNS and Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 141.84 litres of liquor from two different
motorcycles. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and is not the owner of the seized vehicle
Patna High Court CR. MISC. No.12354 of 2026(2) dt.09-03-2026
2/3
and he came to be implicated based on confessional statement of
Md. Daud 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 reiterated and submitted that petitioner is a person with clean
antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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) 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 Basopatti P.S. Case No.289/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.12354 of 2026(2) dt.09-03-2026
3/3
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.