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Patna High Court

Bachche Nadaf @ Mohammad Ishad @ Md. Ishad @ BachcheversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to bond and verification conditions.

Summary

The petitioner, Bachche Nadaf (also known as Mohammad Ishad), was implicated in a case under Section 30(a) of the Excise Act for the alleged recovery of 10.95 litres of liquor from his joint family house. He argued that he was not arrested at the scene, that the liquor was not found in his conscious possession, and that the concept of deemed possession had been abolished by the 2018 amendment to the Excise Act. The State opposed the anticipatory bail application. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and deposit Rs.5,000 with the Advocates’ Association. The order also stipulated that the trial court verify the petitioner’s criminal antecedent and could withdraw bail if more than three prior cases are found.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
  • Whether the abolition of the deemed possession concept affects the petitioner’s liability.
  • Whether lack of conscious possession and the joint family nature of the property justify bail.
  • Whether the petitioner’s criminal antecedent (more than three prior cases) should preclude anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2307 of 2026
                   Arising Out of PS. Case No.-264 Year-2025 Thana- EXCISE PUPRI District- Sitamarhi
                 ======================================================
                 Bachche Nadaf @ Mohammad Ishad @ Md. Ishad @ Bachche S/o Md.
                 Moslim Resident of Village- Mahisautha, Ward No.14, P.S.- Bokhra, Dist-
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Jha
                 For the Opposite Party/s :       Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                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

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of three cases as per the

                   supplementary affidavit and allegation is of recovery of 10.95

                   litres of liquor from the house of the petitioner.

                                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 the house in

                   question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.2307 of 2026(2) dt.27-01-2026
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          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          local person, but the name of the person, who disclosed the

          name of the petitioner is not disclosed in the F.I.R., which casts

          an aspersion on the case of the prosecution. M 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.

                       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.15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Trial Court where the case is pending/successor Court
               Patna High Court CR. MISC. No.2307 of 2026(2) dt.27-01-2026
                                                           3/3




                         in connection with Pupri Excise P. S. Case No.264 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

                         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 three

                         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

                         three cases only, in that event, the provisional anticipatory bail

                         order shall be confirmed forthwith.

                                    9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.5,000/- with

                         Advocates’ Association, Patna High Court, Patna.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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