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Patna High Court

Arif KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

Arif Khan sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022 alleging recovery of 630 litres of liquor from a vehicle he did not own. He argued that he was not arrested on the spot, no liquor was found in his conscious possession, and the prosecution’s case relied on a confessional statement of an accused in police custody, which he contended lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that his prior five criminal cases (two under the Excise Act) should not automatically preclude bail. The State opposed the bail. The High Court granted provisional anticipatory bail on condition of a Rs.25,000 bond with two sureties and directed the trial court to verify his antecedent; if more than five prior cases are found, the bail would not be confirmed, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 30(A), 32(i), 32(iii), 41(i), 41(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether a confessional statement of an accused in police custody is admissible for implicating the petitioner.
  • Effect of the 2018 amendment removing deemed possession and presumed offender concepts on bail considerations.
  • Impact of the petitioner’s prior criminal antecedent (more than five cases) on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • presumed offender
  • criminal antecedent
  • confessional statement
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16629 of 2026
                  Arising Out of PS. Case No.-346 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Arif Khan Son of Md. Nesar Khan Resident of Village - Akhini, P.S. - Nuaon,
                 District - Kaimur at Bhabua.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajani Kant Pandey, Advocate
                 For the Opposite Party/s :         Ms. Pushpa Sinha 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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 offences punishable under Sections 30(A),

                   32(i) and (iii), 41(i) and (ii) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 630

                   litres of liquor from an Innova.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of
Patna High Court CR. MISC. No.16629 of 2026(3) dt.06-04-2026
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          apprehended accused in police custody which does not have any

          evidentiary value in the eye of law. It is next 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 off late the police have started

          implicating accused having antecedent in cases relating to liquor

          for obvious reason without holding a proper investigation of the

          case.

                       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 appearing on behalf of the petitioner, let 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.25,000/-

          (Rupees Twenty-five 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 Bhabua

          Excise P.S. Case No. 346 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.16629 of 2026(3) dt.06-04-2026
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                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of more than five

                     cases, it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only five cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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