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Patna High Court

Vikram MukhiyaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, to be confirmed after verification of the petitioner’s antecedent, under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

The petitioner, Vikram Mukhiya, was implicated in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for allegedly recovering 70 litres of liquor from a public area near a temple. He argued that he had no clean possession, was not arrested at the spot, and the allegation was based on a confessional statement made in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond and two sureties, directing the trial court to verify the petitioner’s criminal antecedent before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged possession of liquor under the Bihar Excise Act and sections of the Bihar Narcotic Substances Act.
  • Whether a confessional statement made in police custody can be the basis for arrest and denial of bail.
  • Effect of the 2018 amendment to the Bihar Excise Act on the concepts of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • possession
  • excise law
  • confessional statement
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18692 of 2026
                 Arising Out of PS. Case No.-40 Year-2026 Thana- RAMGARHWA District- East Champaran
                 ======================================================
                 Vikram Mukhiya S/o- Suresh Mukhiya R/v- Triveni Ps- Ramgarhwa District-
                 East Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar
                 For the Opposite Party/s :      Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026               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 offences punishable under Sections 274, 275

                   of BNS and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 70 litres of liquor from sacks near a temple at bank

                   of Sikarhana river.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.18692 of 2026(2) dt.25-03-2026
                                            2/3




          based on confessional statement of Rajesh in police custody

          which does not have any evidentiary value. It is next 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.

          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

          Ramgarhwa P.S. Case No. 40 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 even one

          case 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.18692 of 2026(2) dt.25-03-2026
                                                          3/3




                        confirmed, but after verification if 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)
Sumit/-

U         T


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