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Patna High Court

Vishal SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

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 If any antecedent is found, the bail may be withdrawn; otherwise, it will be confirmed.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

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
Patna High Court CR. MISC. No.13559 of 2026(2) dt.12-03-2026
                                            2/3




          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
                                                         3/3




                       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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