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Patna High Court

Md. Sonu @ Sonu QuraisiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Md. Sonu Quraisi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of liquor from a third party and a bush, with no evidence of his conscious possession. He argued he has a clean antecedent and that the alleged recovery was unrelated to him, relying on a confessional statement of Ravi made in police custody, which he claimed lacks evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of the petitioner’s criminal antecedent by the trial court, with confirmation or cancellation of the bail depending on that verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of Ravi in police custody can be used to implicate the petitioner.
  • Whether the 2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • possession
  • confessional statement
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13310 of 2026
                   Arising Out of PS. Case No.-350 Year-2019 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Md. Sonu @ Sonu Quraisi son of Md. Nasim Mansoor @ Md. Naiem R/O
                 Faisal Colony, Janglipir, P.S- Phulwarisharif, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s :      Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 18.39 liters of liquor from possession of Ravi and

                   112.7 liters of liquor from a bush.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern or relation with Ravi and came to
Patna High Court CR. MISC. No.13310 of 2026(2) dt.10-03-2026
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          be implicated based on confessional statement of Ravi 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 petitioner.

                       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 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) 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

          Phulwarisharif P.S. Case No. 350 of 2019 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 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 seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.13310 of 2026(2) dt.10-03-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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