Patna High Court
Md. Amzad @ Md. Amzad AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Md. Amzad Ali, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 1,999.180 litres of liquor from his residence, which is a joint family property. He contended that he has a clean antecedent, was not arrested at the spot, and that no liquor was found in his conscious possession; moreover, he argued that the post‑2018 amendment to the Excise Act abolished the doctrine of deemed possession. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order directs that if the petitioner is found to have any antecedent, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the doctrine of deemed possession applies after the 2018 amendment to the Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- possession
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- joint family property
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87385 of 2025
Arising Out of PS. Case No.-313 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Md. Amzad @ Md. Amzad Ali Son of Md. Abbas Resident of Village
-Harishankar Baghani PS -Tajpur Dist -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1999.180 litres of liquor from the house of the
petitioner.
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 the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.87385 of 2025(3) dt.20-01-2026
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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 next
submitted that petitioner came to be implicated at the instance of
the local persons but then the name of the person who disclosed
the name of the petitioner is not disclosed in the FIR which casts
an aspersion on the case of the prosecution, more so, when
petitioner admittedly is a person with clean antecedent.
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 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.500/- (Rupees Five Hundred) 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 Sadar
Excise (Samastipur) P.S. Case No. 313 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
Patna High Court CR. MISC. No.87385 of 2025(3) dt.20-01-2026
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court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of even one case, 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 is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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