Patna High Court
Arif KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
2/3
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
3/3
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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