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Patna High Court

Ramesh Mahto @ Bachkun MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Ramesh Mahto, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 4.350 litres of liquor found in a washroom of his joint family house. He argued that the liquor was not in his conscious possession, that the property is jointly owned, and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The petitioner, with a clean antecedent, sought anticipatory bail, while the State opposed it. The Court granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties, and directed the trial court to verify his antecedent. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and could be revoked; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where possession is not proven.
  • Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the petitioner’s liability.
  • Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • possession
  • joint family property
  • clean antecedent
  • deemed possession
  • presumed offender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28859 of 2026
                        Arising Out of PS. Case No.-14 Year-2026 Thana- SIMRI District- Darbhanga
                 ======================================================
                 Ramesh Mahto @ Bachkun Mahto S/o Rajkumar Mahto Resident of Village -
                 Shobhan, Police Station - Simri, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Nilendu Kumar Choudhary
                 For the Opposite Party/s :        Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026               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 offences punishable under 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 4.350 litres of liquor from a place outside the

                   washroom situated at the backyard of the house of the petitioner.

                             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 the house in

                   question is a joint family property as such it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.28859 of 2026(2) dt.30-04-2026
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          the house or the liquor kept in the house was within knowledge

          of the petitioner. 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 and

          he came to be implicated at the instance of Chowkidar with

          whom he is on an inimical term. It is further submitted that if

          Chowkidar was aware about the involvement of the petitioner in

          the occurrence, then why he did not inform the police prior to

          institution of the instant FIR, which casts an aspersion on the

          case of the prosecution.

                   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 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 Simri P.S. Case No. 14 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
              Patna High Court CR. MISC. No.28859 of 2026(2) dt.30-04-2026
                                                          3/3




                        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

                        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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