Patna High Court
Md. Akhtar Raza @ Akhtar Raza @ Md. Akhtar RezaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.
Summary
The petitioner, Md. Akhtar Raza, sought anticipatory bail fearing arrest in a case under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act, 2016 (sections 30(a), 33, 41, 47). He argued that he was not in possession of the seized spirits, was not arrested at the spot, and that the only link to him was a confessional statement made by a co-accused in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender, rendering the prosecution’s basis weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that the trial court verify his criminal antecedents, with the bail to be confirmed only if he has at most two prior cases.
Issues considered
- Whether anticipatory bail should be granted when the alleged offence is based solely on a confessional statement lacking evidentiary value.
- Whether the 2018 amendment removing deemed possession and presumed offender concepts affects the bail application.
- Whether the petitioner’s prior criminal antecedents should influence the confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 33, 41, 47
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- excise law
- deemed possession
- confessional statement
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12111 of 2026
Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia
======================================================
Md. Akhtar Raza @ Akhtar Raza @ Md. Akhtar Reza S/o Md. Khurshid
Alam @ Khursed Alam R/o Village- Farsara, Dalkohla, P.S- Dalkohla, Dist-
Uttar Dinajpur, West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha
For the Opposite Party/s : Mr. Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 Sections 272, 273 of
the IPC and Sections 30(a), 33, 41 and 47 of Bihar Prohibition
and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 8000 litres of spirit from two trucks.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and is not the owner of any of the seized vehicle and he came to
be implicated based on confessional statement of Murshid in
Patna High Court CR. MISC. No.12111 of 2026(2) dt.15-04-2026
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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. 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.10,000/- (Rupees ten 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 Baisi P.S. Case No.238/2019, subject to the
conditions as laid down 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
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two 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 two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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