Patna High Court – Orders
Md. Akhtar Raza @ Akhtar Raza @ Md. Akhtar … vs The State Of Bihar on 15 April, 2026
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12111 of 2026
Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia
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Md. Akhtar Raza @ Akhtar Raza @ Md. Akhtar Reza S/o Md. Khurshid
Alam @ Khursed Alam R/o Village- Farsara, Dalkohla, P.S- Dalkohla, Dist-
Uttar Dinajpur, West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha
For the Opposite Party/s : Mr. Akbar Ali
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026
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 Sections 272, 273 of
the IPC and Sections 30(a), 33, 41 and 47 of Bihar Prohibition
and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 8000 litres of spirit from two trucks.
It is next submitted 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 Murshid in
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police custody which does not have any evidentiary value. It is
also 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
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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.10,000/- (Rupees ten 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.238/2019, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
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two cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T