Patna High Court
Afroj Ansari @ Md. Modi AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
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
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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
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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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