Patna High Court
Khursid AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted subject to conditions, and the trial court must verify the petitioners' antecedents before confirming the bail.
Summary
The petitioners, Khursid Alam and Alamgir Mia, applied for anticipatory bail in a case alleging recovery of 738 litres of liquor from a pick‑up vehicle, invoking Sections 272 and 273 of the IPC and Sections 30(a), 41 and 47 of the Excise Act. They argued that they have no prior criminal record, were not the owners of the vehicle, and were implicated only through a confessional statement made by a co‑accused in police custody, which they claimed lacks evidentiary value. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs 500 with two sureties each, subject to Section 438(2) of the CrPC and verification of their antecedents by the trial court. The court further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation. Consequently, the application for anticipatory bail was allowed with conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case involving alleged possession of illicit liquor under the IPC and Excise Act
- Whether a confessional statement of a co‑accused made in police custody can be the basis to deny anticipatory bail
- Effect of the 2018 amendment to the Excise Act on the concepts of deemed possession and presumed offender
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41, 47
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- section 438 CrPC
- excise law
- illicit liquor possession
- confessional statement
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18392 of 2026
Arising Out of PS. Case No.-275 Year-2021 Thana- BAISI District- Purnia
======================================================
1. Khursid Alam S/O Siddiqque Resident of Village- Jabaramli, P.s.-
Mairagudi, District- Jalpaiguri, West Bangal
2. Alamgir Mia @ Alomgir Mia S/O Abdul Majid Resident of Village-
Nagarlal Bazar, P.s.- Sitakhutti, District- Cooch behar, West Bangal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 272 and 273 of the IPC and Section 30(a), 41 and 47 of
the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
allegation is of recovery of 738 litres of liquor from a pick-up
vehicle.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
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recovered from their conscious possession and are not the owner
of the seized vehicle and they came to be implicated based on
confessional statement of Ranjeet in 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 petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each 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 Baisi P. S. Case No.275 of 2021, 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 petitioners shall
verify the criminal antecedent of the petitioners and in the event,
Patna High Court CR. MISC. No.18392 of 2026(2) dt.01-04-2026
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if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their 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 petitioners are persons 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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