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Patna High Court

Tejabali Mahto @ Tejbali MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedents.

Summary

Petitioner Tejabali Mahto sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that 300 litres of liquor were recovered from a public area and not from his possession. He argued that the alleged recovery was based solely on a confessional statement made by Neeraj in police custody, which he claimed lacked evidentiary value, and that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, with the bail to be confirmed if he has no more than three prior cases. The order also stipulated that if more than three antecedents are found, the bail would not be confirmed. The decision hinged on the adequacy of the evidence and the statutory provisions governing anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the confessional statement of a co-accused recorded in police custody constitutes sufficient basis for arrest.
  • Whether the 2018 amendment to the Excise Act has eliminated the doctrine of deemed possession and presumed offender.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22042 of 2026
                       Arising Out of PS. Case No.-127 Year-2026 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Tejabali Mahto @ Tejbali Mahto S/O Late Lallan Mahto @ Lalan Mahto
                 Resident of Village - Rupganj, Adda No 2, P.S. - Nagar, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adarsh Ranjan
                 For the Opposite Party/s :        Mr. Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 300 litres of liquor from Diyara area.

                   It is next submitted that petitioner was not arrested from the spot

                   as such nothing was recovered from his conscious possession

                   and even 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 based on confessional statement of

                   Neeraj in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.22042 of 2026(2) dt.07-04-2026
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          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. It is also submitted

          that once an accused is implicated in a case relating to excise,

          the police starts implicating mechanically either through

          chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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.15,000/- (Rupees fifteen 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 Rivilganj P.S. Case No.127/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than
             Patna High Court CR. MISC. No.22042 of 2026(2) dt.07-04-2026
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                       three cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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