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Patna High Court

Vipin Mahtha @ Bipin Kumar MahthaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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