Patna High Court
Vishal Kumar Verma @ Vishal Kumar @ Vishal VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Vishal Kumar Verma, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act read with Section 317(5) of the BNS, 2023, alleging recovery of 239.4 litres of liquor from three motorcycles. He contended that he was not caught in possession, was not the owner of the vehicles, and the case against him relied solely on a confessional statement of another accused, which he argued lacked evidentiary value, especially after the 2018 amendment that abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. If more than two prior cases are found, the bail would not be confirmed; if only two, the provisional bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted when the accusation is based solely on a co-accused's confessional statement.
- Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession and presumed offender affects bail considerations.
- Whether the petitioner’s prior criminal antecedent (two cases) warrants denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15967 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- BUXAR District- Buxar
======================================================
Vishal Kumar Verma @ Vishal Kumar @ Vishal Verma S/O Shankar Prasad
Verma @ Shankar Verma Resident of Vilage - Kotwali Chabutra (Civil Line)
Buxar P.S.- Buxar (T) Distirct - Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act read with Section 317(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases out of which one case is
under the Excise Act and allegation is of recovery of 239.4 liters
of liquor from three motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and came to be implicated
Patna High Court CR. MISC. No.15967 of 2026(3) dt.06-04-2026
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based on confessional statement of apprehended accused, Raja,
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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) 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
P.S. Case No. 22 of 2026 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than two
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.15967 of 2026(3) dt.06-04-2026
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confirmed, but after verification if it is found that petitioner has
antecedent of two cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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