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Patna High Court

Vakil Mahto @ Bakil MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents, with confirmation contingent on the petitioner having exactly seven prior cases.

Summary

Petitioner Vakil Mahto sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where liquor was allegedly recovered from his joint family house. He argued that no liquor was found in his conscious possession, the concept of deemed possession had been abolished after the 2018 amendment, and the only basis for his implication was a confessional statement recorded in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.35,000 and two sureties, directing the trial court to verify his criminal antecedents and conditionally confirm the bail if he has exactly seven prior cases, otherwise to refuse confirmation. The order was made under Section 482(2) of the B.N.S.S. The decision hinges on the admissibility of the confessional statement, the nature of possession in a joint family property, and the effect of prior convictions on bail.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement recorded in police custody is admissible as evidence.
  • Whether alleged possession of liquor in a joint family house can be imputed to the petitioner.
  • How the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • possession
  • confessional statement
  • joint family property
  • criminal antecedents
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45196 of 2026
                      Arising Out of PS. Case No.-79 Year-2026 Thana- SACHIVALAYA District- Patna
                 ======================================================
                 Vakil Mahto @ Bakil Mahto S/o Late Shankar Mahto R/o Jhopari Patti,
                 Jagjivan Nagar Chitkohra Pul Ke Niche, P.S.- Sachiwalaya, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Prasad Sinha
                 For the Opposite Party/s :       Mr. Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-07-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of 7 cases, out of which, six cases are

                   under the Excise Act and allegation is of recovery of 144.74

                   litres of liquor from house of six accused persons, out of which,

                   30.54 litres of liquor is alleged to have been recovered from the

                   house of the petitionere. It is next submitted that 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
Patna High Court CR. MISC. No.45196 of 2026(2) dt.03-07-2026
                                            2/3




          was petitioner, who had kept the liquor in the house or the liquor

          kept in the house was within his knowledge and 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 based on confessional

          statement of Asha Devi in police custody which does not have

          any evidentiary value. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.35,000/- (Rupees thirty 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 Sachwalaya P.S.

          Case No. 79 of 2026, subject to the conditions as laid down
             Patna High Court CR. MISC. No.45196 of 2026(2) dt.03-07-2026
                                                         3/3




                       under Section 482(2) of the B.N.S.S.

                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

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

                       seven cases, in that event, it would be presumed that petitioner

                       had concealed his antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner has antecedent of seven

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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