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Patna High Court

Umar Farooque @ Md FarooqueversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, directing the petitioner’s release on regular bail upon furnishing the required bond and sureties.

Summary

Umar Farooque was arrested in connection with the alleged recovery of 8,000 litres of raw spirit and charged under IPC sections 272 and 273 and Excise Act sections 30(a), 33, 41 and 47. The petitioner argued that he was not arrested at the spot, no raw spirit was found in his possession, and the case against him relied solely on a confessional statement of co‑accused Murshid Alam made while 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, weakening the prosecution's case. The State opposed bail, citing the seriousness of the offences. The court, after considering these submissions, held that the lack of direct possession and the inadmissibility of the co‑accused’s statement warranted release on bail, subject to a bond of Rs 5,000 with two sureties. The bail application was therefore allowed.

Issues considered

  • Whether bail should be granted in a case involving alleged large‑scale possession of raw spirit under IPC and Excise Act provisions.
  • Whether a confessional statement of a co‑accused made in police custody can be the basis for denying bail.
  • Effect of the 2018 amendment to the Excise Act removing the doctrine of deemed possession on the bail decision.

Legislation cited

Subjects

  • bail
  • IPC
  • Excise Act
  • deemed possession
  • confessional statement
  • criminal procedure
  • preliminary hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7321 of 2026
                          Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia
                 ======================================================
                 Umar Farooque @ Md Farooque S/O Abdur Rahman Res. of Village-
                 Daulatpur, P.S.- Baisi, District- Purnea

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. N. K. Agrawal- Sr. Advocate
                                                    Mr. Bidhu Ranjan- Advocate
                                                    Mr. Kumar Rajdeep- Advocate
                 For the Opposite Party/s :         Mr. Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                   1. Heard learned senior counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273 of the I.P.C. and

                   Sections 30(a), 33, 41 and 47 of the Excise Act.

                                 3. The learned senior counsel for the petitioner

                   submits that the petitioner has antecedent of five cases out of

                   which three cases are under the Excise Act and is in custody

                   since 16.12.2025 and allegation is of recovery of 8000 litres of

                   raw spirit from two different truck.

                                 4. The learned senior 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
               Patna High Court CR. MISC. No.7321 of 2026(2) dt.16-04-2026
                                                           2/2




                         the owner of the seized vehicle and he came to be implicated

                         based on confessional statement of Murshid Alam in police

                         custody, which does not have any evidentiary value. It is further

                         submitted that after Amendment in the Excise Act, 2018, the

                         concept of deemed possession and presumed offender has been

                         done away with.

                                      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 Baisi P. S. Case No.238 of 2019.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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