Patna High Court
Vikram MukhiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
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
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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
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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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