Patna High Court
Ramayodhya MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' antecedents and compliance with the stipulated bail conditions.
Summary
The petitioners, three residents of Tehti Bin Toli, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 40 litres of liquor. They argued they have no prior criminal record, the liquor was recovered from a public place not belonging to them, and the only evidence was a confessional statement made by Jai Kumar while in police custody, which they claimed lacks evidentiary value. They also contended that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 per petitioner with two sureties, a requirement to deposit Rs. 3000 with the Advocates’ Association, and a condition that the trial court verify the petitioners' antecedents within six weeks, confirming the bail only if they are found to have a clean record.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged possession is not in the petitioners' conscious control.
- Whether a confessional statement made in police custody can form the basis for arrest in the absence of other evidence.
- Whether the 2018 amendment to the Bihar Excise Act has removed the concept of deemed possession and presumed offender for the purpose of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6448 of 2026
Arising Out of PS. Case No.-821 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Ramayodhya Mahto S/o Kishori Mahto R/o Village - Tehti Bin Toli, P.S -
Marhowrah, District - Saran
2. Amit Mahto @ Amitabh Mahto S/o Ramnath Mahto R/o Village - Tehti Bin
Toli, P.S - Marhowrah, District - Saran
3. Bhukhal Mahto S/o Kishori Mahto R/o Village - Tehti Bin Toli, P.S -
Marhowrah, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 40 liters of liquor from a bag near Tehti Bind Toli.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.6448 of 2026(2) dt.04-02-2026
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recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large and he came to be
implicated based on confessional statement of Jai Kumar in
police custody which does not have any evidentiary value. It is
also 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 petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
500/- (Rupees Five Hundred) each 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
Marhowrah P.S. Case No. 821 of 2025 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 petitioners and
in the event if it is found that any of the petitioners have
Patna High Court CR. MISC. No.6448 of 2026(2) dt.04-02-2026
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antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons with
clean antecedent in that event the provisional anticipatory bail
order shall be confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 3000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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