Patna High Court
Md. Jasim @ JasimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that bail must be granted as the prosecution failed to establish possession and the confessional statement lacked evidentiary weight.
Summary
The petitioner, Md. Jasim, was arrested in connection with the alleged recovery of 164.805 litres of liquor from two motorcycles, charged under Section 30(a) of the Excise Act. He contended that he was not arrested at the scene, had no possession of the seized vehicles, and that the case was based solely on a confessional statement made by another accused, Tauhid, while in police custody, which he argued lacked evidentiary value. The petitioner also highlighted his six prior Excise cases and his custody since 4 April 2026. The State opposed bail. The Court, after considering these submissions, ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.5,000 with two sureties, finding insufficient grounds to deny bail. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Excise Act given the alleged facts and prior record.
- Whether a confessional statement made in police custody, without corroboration, has evidentiary value sufficient to deny bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- confessional statement
- possession
- prior criminal record
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33773 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
======================================================
Md. Jasim @ Jasim S/O Md. Mofiz R/O Vill.- Bara Pandarpur, Rauta, P.S.
Rauta, Dist.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Adv.
For the Opposite Party/s : Mr. Umanath Mishra, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail 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 six cases under the Excise Act
and is in custody since 04.04.2026 and allegation is of recovery
of 164.805 litres of liquor from two motorcycles.
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 is not the owner of
any of the seized vehicle and he came to be implicated based on
confessional statement of Tauhid in police custody which does
not have any evidentiary value. It is next submitted that police
Patna High Court CR. MISC. No.33773 of 2026(2) dt.15-05-2026
2/2
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
proper investigation. It is further submitted that petitioner is in
custody since 04.04.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum of Rs.5,000/- (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 Angarh P. S. Case No.90 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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