Created by Fuzzy Cloud

Patna High Court

Md. Akhtar Raza @ Akhtar Raza @ Md. Akhtar RezaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
             Patna High Court CR. MISC. No.12111 of 2026(2) dt.15-04-2026
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.