Patna High Court
Vakil Mahto @ Bakil MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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
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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/-
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