Patna High Court
Vishal SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents.
Summary
The petitioners, three residents of Majhariya village, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 129.96 litres of liquor from a millet field. They argued they have clean antecedents, that the liquor was not in their conscious possession, and that the alleged recovery occurred on land not owned by them and accessible to villagers. Their only link to the offence was a confessional statement made by a co‑accused, Pawan, while in police custody, which they contended lacks evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, and directed the trial court to verify the petitioners’ criminal antecedents before confirming the bail. If any antecedent is found, the bail may be withdrawn; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the confessional statement of a co‑accused made in police custody can form a basis for arrest in the absence of possession.
- Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on the bail application.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- confessional statement
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13559 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
1. Vishal Singh S/O Akshay Singh R/O Village - Majhariya, P.S. - Buxar
(Industrial), District - Buxar
2. Dharmraj Singh S/O Sudhir Singh R/O Village - Majhariya, P.S. - Buxar
(Industrial), District - Buxar
3. Vishal Sah S/O Bablu Prasad 3. R/O Village - Majhariya, P.S. - Buxar
(Industrial), District - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 129.960 litres of liquor from a millet field. It is next
submitted that petitioners were not arrested from the spot as
such nothing was recovered from their conscious possession and
even alleged recovery is from a place which does not belong to
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the petitioners and is accessible to villagers at large and they
came to be implicated based on confessional statement of
Pawan in police custody which does not have any evidentiary
value and after amendment in the Excise Act in the year 2018,
the concept of deemed possession and presumed offender has
been done away with.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, 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 Buxar (Industrial) P.S. Case No.248/2025,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
Patna High Court CR. MISC. No.13559 of 2026(2) dt.12-03-2026
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petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners are persons 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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