Patna High Court
AAHID @ AAHID ALAMversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with Section 438(2) Cr.P.C. conditions.
Summary
The petitioner, Aahid Alam, applied for anticipatory bail anticipating arrest in a case alleging offences under Section 317(5) of the B.N.S. and Sections 30(a), 32(2) and 41 of the Excise Act for allegedly recovering 216 litres of liquor from three motorcycles. He argued that he has a clean antecedent, was not in possession of the liquor, and was implicated solely on a confessional statement made by another accused in police custody, which he claimed lacks evidentiary value, especially after the 2018 amendment to the Excise Act that removed the concept of deemed possession. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to the petitioner furnishing bail bonds of Rs.500 with two sureties and complying with conditions under Section 438(2) of the Cr.P.C., and directed the trial court to verify his antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor under the Excise Act and Section 317(5) of the B.N.S.
- Whether a confessional statement of a co-accused in police custody provides sufficient basis for arrest and denial of bail
- Effect of the 2018 amendment to the Excise Act removing the concept of deemed possession on bail considerations
Legislation cited
- B.N.S. — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(2), 41
Subjects
- anticipatory bail
- Excise Act
- deemed possession
- confessional statement
- provisional bail
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16111 of 2026
Arising Out of PS. Case No.-6 Year-2025 Thana- SIKTI District- Araria
======================================================
Aahid @ Aahid Alam S/O Sahruddin @ Sarfo R/O Vill.- Singhia, Ward No. 3,
Parniya, P.S.- Sikty, Dist.- Araria.
... ... Petitioner/S
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 317(5) of the B.N.S. and Sections 30(a), 32(2) and 41 of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 216 litres of liquor from three motorcycles.
4. The learned counsel for the petitioner submits 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 motorcycle and he came to be implicated
based on confessional statement of apprehended accused in
Patna High Court CR. MISC. No.16111 of 2026(2) dt.17-03-2026
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police custody, which does not have any evidentiary value. It is
further submitted that after Amendment in the Excise Act, 2018,
the concept of deemed possession and presumed offender has
been done away with.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Sikty P. S. Case No.06 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
Patna High Court CR. MISC. No.16111 of 2026(2) dt.17-03-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
U T
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