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Patna High Court

Vivek Bharti @ Vivek KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

Vivek Bharti applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(a), 41(1) and 41(2) of the Excise Act. He argued that he was not arrested, no liquor was recovered from his possession, and the case was based solely on a confessional statement of co‑accused made in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.5,000 with two sureties and appear before the trial court within six weeks. The court directed the trial court to verify the petitioner’s criminal antecedents and warned that if more than one prior case is found, the bail may be withdrawn; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in the present circumstances.
  • Whether the amendment to the Excise Act removing the concept of deemed possession affects the bail application.
  • Whether a confessional statement of an accused in police custody can form the basis for anticipatory bail denial.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • deemed possession
  • confessional statement
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22779 of 2026
                     Arising Out of PS. Case No.-46 Year-2026 Thana- Excise P.S. District- Aurangabad
                 ======================================================
                 Vivek Bharti @ Vivek Kumar S/O Sudeshwar Bharti Resident of Village-
                 Kunda Ward No. 9, P.S.- Aurangabad Muffasil, District- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Binod Kumar Pandey
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Sections 30(a), 41(1) and 41(2) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 13.2 litres of liquor from

                   possession of Rahul Kmar and Ujjawal Kumar.

                                4. The learned counsel for the petitioner submits that

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

                   recovered from his conscious possession and he came to be

                   implicated based on confessional statement of apprehended

                   accused in police custody, which does not have any evidentiary
Patna High Court CR. MISC. No.22779 of 2026(3) dt.27-04-2026
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          value. It is also submitted that after Amendment in the Excise

          Act, 2018, the concept of deemed possession and presumed

          offender has been done away with.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five 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 Aurangabad Excise P. S. Case No.46 of 2026, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.22779 of 2026(3) dt.27-04-2026
                                                           3/3




                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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