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Patna High Court

Vishal Kumar Verma @ Vishal Kumar @ Vishal VermaversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        3/3




                      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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