Patna High Court
Md. Babar @ Md. Babar AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail, granting provisional bail subject to verification of the petitioner’s antecedents and compliance with the conditions of Section 438(2) CrPC.
Summary
The petitioner, Md. Babar Ali, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(a), 32(2) and 41(1) of the Excise Act involving the alleged recovery of 520 litres of spirit. The petitioner argued that he was not arrested at the scene, that the seized goods were not in his possession, and that the case against him relied solely on a confessional statement of an accused in police custody, which he claimed lacked evidentiary value. The State opposed the bail, citing the seriousness of the offences and the petitioner’s prior four cases under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.20,000 with two sureties and that the trial court verify his criminal antecedents. If more than four prior cases are found, the bail may be withdrawn; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC to a person accused of offences under the Excise Act with prior criminal antecedents.
- Whether a confessional statement of a co‑accused in police custody can be the basis for denying anticipatory bail.
- Effect of the 2018 amendment to the Excise Act removing the concepts of deemed possession and presumed offender on bail considerations.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(2), 41(1)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- provisional bail
- criminal antecedent
- confessional statement
- deemed possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19233 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
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Md. Babar @ Md. Babar Ali S/O Late Abdul Mabud R/O Mahuatola, Ward
No.- 3, P.S- Sohsarai, Dist.- Nalanda,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Kumar
For the Opposite Party/s : Mr.Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a), 32(2) and 41(1) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases under the Excise Act
and allegation is of recovery of 520 litres of spirit from a
godown.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.19233 of 2026(2) dt.26-03-2026
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Ranjan in police custody, which does not have any evidentiary
value. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation. It is
also 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 petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.20,000/- (Rupees Twenty 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 Leheri P. S. Case No.545 of 2025, 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
Patna High Court CR. MISC. No.19233 of 2026(2) dt.26-03-2026
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accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than four cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 petitioner has antecedent of four cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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