Patna High Court
Vikash Kumar @ Vikash Kumar Mahato @ Vikash MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail should be granted, subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Vikash Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 3,335.4 litres of liquor from a truck. He contended that he had a clean antecedent, was not in actual possession of the liquor, and was implicated solely on a confessional statement made by another accused in police custody, which he argued lacked evidentiary value. The State opposed the bail, but the Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioner also undertook to deposit Rs.1,500 with the Lawyers’ Association, Patna High Court.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
- Whether a confessional statement of a co‑accused made in police custody can form the basis for granting or denying anticipatory bail.
- Whether the amendment to the Excise Act, 2018, has eliminated the concepts of deemed possession and presumed offender for bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- possession
- confessional statement
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6346 of 2026
Arising Out of PS. Case No.-499 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
Vikash Kumar @ Vikash Kumar Mahato @ Vikash Mahto S/o Birendra
Prasad @ Virendra Mahato Resident of Village- Kauriya Lilahi Tola, P.S.-
Bhagwanpur Hat, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 3335.4 litres of liquor from a truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized truck and he came to be implicated based on
confessional statement of Pradeep in police custody, which does
Patna High Court CR. MISC. No.6346 of 2026(2) dt.04-02-2026
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not have any evidentiary value. It is also submitted that after
Amendment in the Excise Act, 2018, the concept of deemed
possession and presumed offender has been done away with.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Bhagwanpur Hat P. S. Case No.499 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.6346 of 2026(2) dt.04-02-2026
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in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Lawyers’ Association, Patna High Court, Patna within a period
of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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