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Patna High Court

Prabhu MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of his criminal antecedent.

Summary

Petitioner Prabhu Mahto feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 125 litres of liquor near his farm. He argued he had a clean antecedent, the alleged liquor was not in his possession, and the case was based solely on a confessional statement made by Sanjay while in police custody, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify the petitioner’s antecedent and conditionally confirm the bail if no prior case is found.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the amendment to the Bihar Excise Act in 2018 eliminates the doctrine of deemed possession and presumed offender, affecting bail considerations.
  • Whether the confessional statement of a co-accused made in police custody can be the sole basis for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • presumed offender
  • confessional statement
  • provisional bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32962 of 2026
                  Arising Out of PS. Case No.-62 Year-2026 Thana- SAHODARA District- West Champaran
                 ======================================================
                 Prabhu Mahto S/O Baidnath Mahto R/O Village- Kamta Farm, P.S- Sahodar,
                 Distt.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sarvesh Kashyap
                 For the Opposite Party/s :      Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026               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 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 125 litres of liquor from a place near Kamta farm.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and he came to be implicated based on confessional statement of

                   Sanjay in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.32962 of 2026(2) dt.14-05-2026
                                            2/3




          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.

                   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 Sahodra P.S. Case No 62 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 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
              Patna High Court CR. MISC. No.32962 of 2026(2) dt.14-05-2026
                                                          3/3




                        antecedent in that event the provisional anticipatory bail order

                        shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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