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Patna High Court

Asgar Alee @ Asgar AnsaariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Asgar Alee, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act, where police alleged recovery of large quantities of liquor from a bus and from a person named Rajesh. He contended he had no possession of the liquor, was not the vehicle owner, and had no connection with Rajesh, arguing that the only basis for his implication was a confessional statement made by Guddu while in police custody, which he claimed lacked evidentiary value. The petitioner also highlighted that the 2018 amendment to the Excise Act had abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bond and sureties, directing the trial court to verify the petitioner’s antecedent before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of a co-accused in police custody can form a basis for arrest in the absence of direct possession.
  • Effect of the 2018 amendment removing the doctrine of deemed possession on the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • confessional statement
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18643 of 2026
                     Arising Out of PS. Case No.-379 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Asgar Alee @ Asgar Ansaari S/o Isamullah Resident of Village- Sawanahi
                 Jagdish, P.S.- Gopalpur, Dist.- Gopalganj, State- Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurabh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 44.700 liters of liquor from a Bus and 27 liters of

                   liquor from possession of Rajesh.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and he has no concern or relation

                   with Rajesh and came to be implicated based on confessional
Patna High Court CR. MISC. No.18643 of 2026(2) dt.16-04-2026
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          statement of Guddu in police custody which 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.

                       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 Mirganj

          P.S. Case No. 379 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.18643 of 2026(2) dt.16-04-2026
                                                        3/3




                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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