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Patna High Court

Salgam @ Naushad SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.18390 of 2026(2) dt.25-03-2026
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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
              Patna High Court CR. MISC. No.18390 of 2026(2) dt.25-03-2026
                                                          3/3




                        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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