Patna High Court
Md. Safrez @ Mohammad Sarfez AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.
Summary
The petitioner, Md. Safrez, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 72 litres of liquor recovered from a motorcycle. He argued that he was not arrested at the spot, had no conscious possession, was not the vehicle’s owner, and was implicated solely on a confessional statement made by another person in police custody, which he claimed lacked evidentiary value. The petitioner also contended that the 2018 amendment to the Excise Act had abolished the doctrines of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedents, confirming the bail if he is found to have a clean record.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the confessional statement made by another person in police custody is admissible as evidence against the petitioner.
- Whether the concepts of deemed possession and presumed offender, removed by the 2018 amendment, affect the petitioner’s liability.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- confessional statement
- deemed possession
- presumed offender
- clean antecedent
- Cr.P.C. Section 438
- B.N.S.S. Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29733 of 2026
Arising Out of PS. Case No.-67 Year-2024 Thana- BALUA BAZAR District- Supaul
======================================================
Md. Safrez @ Mohammad Sarfez Alam S/O Md. Usman @ Usman Miya
Resident of Village- Balua Bazar, Ward No. 5, P.S. - Balua Bazar, Distt.-
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Harun Quareshi, Advocate
For the Opposite Party/s : Mr. Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 72 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Md. Savir
in police custody which does not have any evidentiary value in
Patna High Court CR. MISC. No.29733 of 2026(2) dt.05-05-2026
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the eye of law. 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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender 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 Balua P.S. Case
No. 67 of 2024, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
Patna High Court CR. MISC. No.29733 of 2026(2) dt.05-05-2026
3/3
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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