Patna High Court
Md. Javed @ Md. Salim @ JavedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Md. Javed, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 8.46 litres of liquor from his house, which is a joint family property. He argued that no liquor was found in his conscious possession and that the post‑2018 amendment abolished the concepts of deemed possession and presumed offender. The State opposed the bail, contending that the petitioner was implicated through a confession by his brother. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs. 5,000 with two sureties, and that the trial court verify his criminal antecedents. The order is subject to Section 482(2) of the Criminal Procedure Code, and the bail may be revoked if more than one prior case is found.
Issues considered
- Whether anticipatory bail can be granted in an excise case where alleged possession is in a joint family property and no conscious possession is established
- Whether the post‑2018 amendment to the Bihar Excise Act eliminates the doctrine of deemed possession and presumed offender for bail considerations
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- joint family property
- deemed possession
- presumed offender
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31009 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- DAWATH District- Rohtas
======================================================
Md. Javed @ Md. Salim @ Javed S/o Md. Akhlakh Ansari @ Akhlakh
Ahamad R/o Village- Maliyabag (Maliyabagh), PS- Dawath, District- Rohtas
at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Parwej Khan
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 8.46 liters of liquor from house of
the petitioner.
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 the house in
question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.31009 of 2026(2) dt.07-05-2026
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with certainty that it was 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 in the year
2018, the concept of deemed possession and presumed offender
has been done away with. It is also submitted that Saklen Jawed
is own brother of the petitioner and he was made to confess the
name of the petitioner, since he has antecedent of one case.
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.
5000/- (Rupees Five 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 Dawath
P.S. Case No. 88 of 2026 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 more
Patna High Court CR. MISC. No.31009 of 2026(2) dt.07-05-2026
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than 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 has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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