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Patna High Court

Munna MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent.

Summary

Munna Mahto, the petitioner, feared arrest in a case under the Bihar Excise Act for alleged recovery of 960 litres of spirit from a vehicle. He contended that he was not the owner, the vehicle was not seized from his possession, and the case was based solely on confessional statements of co-accused, which he argued lack evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police mechanically implicated him without proper investigation. The State opposed his prayer for anticipatory bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 40,000 with two sureties, and directed the trial court to verify his criminal antecedent within six weeks, with the bail order subject to confirmation or revocation based on that verification.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bihar Excise Act offences.
  • Whether the 2018 amendment removing deemed possession and presumed offender affects the bail application.
  • Whether confessional statements of co-accused provide sufficient basis for arrest.
  • Whether the petitioner’s prior criminal antecedent of eight cases influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • presumed offender
  • confessional statement
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32746 of 2026
                          Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
                 ======================================================
                 Munna Mahto Son of Shivlal Mahato Resident of village - Jagdishpur, P.S.-
                 Maker, Dist.- Saran

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

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

2   13-05-2026               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 Sections 30(a),

                   41(1) and 32 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of eight cases under the Excise Act and

                   allegation is of recovery of 960 litres of spirit from a vehicle.

                             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 is not the owner of

                   the seized vehicle and he came to be implicated based on

                   confessional statement of Vinay and Bhawani in police custody

                   which does not have any evidentiary value. It is next submitted
Patna High Court CR. MISC. No.32746 of 2026(2) dt.13-05-2026
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          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 further 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. It is also submitted that

          petitioner earlier also in similar manner came to be implicated in

          cases relating to Excise.

                   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 before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 40,000/- (Rupees

          Forty 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 Parsa P.S. Case No. 97

          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.32746 of 2026(2) dt.13-05-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than

                        eight cases 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 has antecedent of eight case in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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