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Patna High Court

Ramayodhya MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        3/3




                      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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