Patna High Court
Dileep MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted in excise cases where the accused are not found in possession and the allegations rest solely on a confessional statement, subject to verification of their criminal antecedent.
Summary
The petitioners, Dileep Mahto and Deelep, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 300 litres of liquor. They argued that they were not apprehended at the spot, no liquor was found in their possession, and the case was based solely on a confessional statement of another accused, which they claimed lacked evidentiary value. The petitioners also highlighted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the allegations warranted arrest. The Court granted provisional anticipatory bail on the condition of a Rs.75,000 bond with two sureties, subject to verification of the petitioners' criminal antecedents within six weeks, and stipulated that the bail would be confirmed only if the antecedent records matched the petitioners' disclosures.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of possession and reliance on a confessional statement justify denial of anticipatory bail.
- Whether the petitioners' criminal antecedent, if concealed, should affect the confirmation of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- confessional statement
- criminal antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29776 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- RIVILGANJ District- Saran
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1. Dileep Mahto Son of Sudama Mahto R/O Vill.- Rupganj Adda No. 2, P.S.-
Chapra Town, District- Saran
2. Dileep Mahto @ Deelep S/O Late Lalbabu Mahto R/O Vill.- Rupganj Adda
No. 2, P.S.- Chapra Town, District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dileep Mahto @ Deelep Son of Late Lalbabu Mahto R/O Vill.- Rupganj
Adda No. 2, P.S.- Chapra Town, District- Saran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Raj
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of six cases under the Excise Act
and petitioner no. 2 has antecedent of 15 cases out of which ten
cases are under the Excise Act, but inadvertently at Para-3 it has
been pleaded that petitioner no. 2 has antecedent of 13 cases
when he has antecedent of 15 cases. It is next submitted that
Patna High Court CR. MISC. No.29776 of 2026(2) dt.04-05-2026
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allegation is of recovery of 300 liters of liquor from diyara area.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large and they came
to be implicated based on confessional statement of
apprehended accused 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. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.29776 of 2026(2) dt.04-05-2026
3/3
Provisional anticipatory bail on furnishing bail bonds of Rs.
75000/- (Rupees Seventy Five Thousand) each 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 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 petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than six cases and petitioner no. 2 has antecedent of more than 15
cases then it would be presumed that petitioners, for the purposes
of seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to the petitioner who had concealed his
antecedent, but after verification if it is found that petitioner no. 1
has antecedent of six cases only and petitioner no. 2 has
antecedent of 15 cases only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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