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Patna High Court

Vikki PatelversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Vikki Patel, sought anticipatory bail after learning that he was likely to be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 19.80 litres of liquor from a motorcycle. He argued that he had no conscious possession of the liquor, was not the owner of the vehicle, and that the only evidence against him was a confessional statement made by Anup Kumar while in police custody, which he contended lacks 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 bail, maintaining that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. The order stipulated that if the petitioner is found to have a clean antecedent, the bail would be confirmed, otherwise it would be withdrawn.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
  • Whether the confessional statement made in police custody is admissible as evidence.
  • Whether the concepts of deemed possession and presumed offender, removed by the 2018 amendment, apply to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • deemed possession
  • excise law
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18771 of 2026
                   Arising Out of PS. Case No.-639 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Vikki Patel Son of Nagendra Patel R/o Vill. - Baghi Nimiya Tola, P.S. -
                 Bairiya, Dist. - West Champaran.
                                                                          ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Gupta, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, A.P.P.
                 ======================================================
                 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 19.80 litres of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Anup

                   Kumar in police custody which does not have any evidentiary

                   value in the eye of law. It is next submitted that after
Patna High Court CR. MISC. No.18771 of 2026(2) dt.25-03-2026
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          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, let the petitioner, above-named, in the

          event of his 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) 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 Bairiya P.S. Case No. 639 of 2025, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order

          shall not be confirmed but if it is found on verification that
           Patna High Court CR. MISC. No.18771 of 2026(2) dt.25-03-2026
                                                       3/3




                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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