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Patna High Court

Afroj Ansari @ Md. Modi AnsariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Afroj Ansari, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, alleging recovery of 180 ml of liquor and seizure of a motorcycle from another individual, Alok Kumar. He contended that he was not arrested on the spot, no liquor or vehicle was found in his possession, and the case against him was based solely on a confessional statement made by Alok Kumar in police custody, which he argued lacks evidentiary value. He further submitted that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the police had mechanically implicated him without proper investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 30,000 with two sureties and conditioned the confirmation of bail on verification of the petitioner’s criminal antecedent, stating that if more than six prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 given the petitioner’s lack of direct possession and reliance on a confessional statement
  • Whether the 2018 amendment to the Excise Act eliminates the doctrine of deemed possession and presumed offender for the purpose of bail
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • confessional statement
  • criminal antecedent
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8702 of 2026
                   Arising Out of PS. Case No.-175 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Afroj Ansari @ Md. Modi Ansari @ Modi Ansari Son of Md. Rinku Miya @
                 Rinku Ansari R/o Village - Ishamailpur, P.S. - Buxar(M), Dist. - Buxar.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :      Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of six cases out of which two cases are

                   under the Excise Act and allegation is of recovery of 180 ml. of

                   liquor from Alok Kumar and a motorcycle was seized.

                                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 Alok

                   Kumar in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.8702 of 2026(3) dt.16-03-2026
                                            2/3




          value in 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. It is also submitted that once an accused is implicated in a

          case relating to excise the police start implicating mechanically

          either at the instance of the Chawkidar, local person, secret

          information or confessional statement without holding a proper

          investigation of the 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, 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.30,000/- (Rupees Thirty 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 Buxar (M) P.S. Case No. 175 of 2025,

          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. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if
           Patna High Court CR. MISC. No.8702 of 2026(3) dt.16-03-2026
                                                       3/3




                     it is found that petitioner has antecedent of more than six cases,

                     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

                     petitioner has antecedent of only six cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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