Patna High Court
Md. Aslam Khan @ BholuversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with bail bond conditions.
Summary
The petitioner, Md. Aslam Khan, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 102 litres of liquor from a bus. He argued he had no direct possession, was not the bus owner, and the case was based solely on a confessional statement of another accused made in police custody, which he claimed lacked evidentiary value. He further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed his request for anticipatory bail. The court granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner’s criminal antecedent, stating that if any prior case is found the bail will not be confirmed, but if he is found to have a clean record the bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offender was not caught in possession.
- Whether a confessional statement made by a co-accused in police custody has evidentiary value for granting bail.
- Whether the 2018 amendment to the Bihar Excise Act eliminated the doctrine of deemed possession and presumed offender.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- confessional statement
- bail conditions
- Bihar Excise Act
- Section 30
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26482 of 2026
Arising Out of PS. Case No.-634 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Md. Aslam Khan @ Bholu Son of Md. Islam Khan @ Late Islam Khan R/o
Village - Nijamnagar (Nijam Nagar), Makalhati, P.S.- Ravindra Nagar,
District - North 24 Pargana, West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Diwakar
For the Opposite Party/s : Mr. Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 102 liters of liquor from a bus.
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 bus he came to be implicated based on
confessional statement of Md. Majid in police custody which
Patna High Court CR. MISC. No.26482 of 2026(2) dt.22-04-2026
2/3
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 Excise
P.S. Nawada Case No. 634 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.26482 of 2026(2) dt.22-04-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…