Patna High Court
Salgam @ Naushad SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted pending verification of the petitioner’s antecedent, even for the offences alleged, subject to conditions under Section 482(2) of the Bihar Narcotic Substances Act.
Summary
The petitioner, Salgam @ Naushad Sah, was implicated in a case alleging recovery of 432 litres of liquor from three vehicles, charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act. He contended that he has a clean antecedent, was not arrested at the spot, did not possess the seized vehicles, and that the only basis for his implication was a confessional statement made by Md Azad while in police custody, which he argued lacks evidentiary value. The petitioner also relied on the 2018 amendment to the Excise Act, asserting that the concepts of deemed possession and presumed offender have been abolished. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify the petitioner’s antecedent within six weeks; if any antecedent is found, the bail would not be confirmed. The order is made under Section 482(2) of the Bihar Narcotic Substances Act, pending final verification.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made in police custody, lacking corroboration, can defeat a petition for anticipatory bail.
- Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession affects the bail consideration.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
Subjects
- anticipatory bail
- deemed possession
- confessional statement
- clean antecedent
- Section 482
- Bihar Excise Act
- Bihar Narcotic Substances Act
- excise offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18390 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- DEODHA District- Madhubani
======================================================
Salgam @ Naushad Sah S/O Bechan Sah R/O Vill.- Ama tole, Ushrahi, ward
no- 01,P.S- Deodha, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Archna Aanand, Adv
Ms. Bhavesh Kumar Sah, Adv
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 Sections 274, 275
and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 432 litres of liquor from three different vehicles.
4. Learned counsel for the petitioner submits that the
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 vehicles and he came to be implicated based
on confessional statement of Md Azad in police custody which
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does not have any evidentiary value. 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 of the seized vehicle.
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 Deodha
P.S. Case No. 148 of 2025, 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 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
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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