Shamsad Alam @ Shamsad v. The state of Bihar

Patna HC26 Mar 2026CR. MISC./19734/2026

Case brief

AI extract

What is this about?

Anticipatory bail granted (provisional) in Bihar Excise Act S. 30(a) case (Mirganj P.S. Case No. 603 of 2025, Gopalganj; alleged recovery of 18 litres of liquor from a motorcycle); bail bonds Rs. 500/- with two like sureties; arrest or surrender within six weeks; conditions under S. 482(2) BNSS; confirmation conditional on trial-court verification of clean antecedents.

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender within six weeks on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions, with confirmation by the trial court after verification of antecedents. ¶¶17

Shamsad Alam @ Shamsad Vs The state of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether the petitioner, apprehending arrest in Mirganj P.S. Case No. 603 of 2025 (offence under Section 30(a) of the Bihar Excise Act), is entitled to anticipatory bail.

¶¶16

Court's answer

In the event of arrest or surrender within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, to the satisfaction of the trial court, subject to the conditions laid down under Section 482(2) of the BNSS.

¶¶17

Ratio / Principle

The trial court shall verify the petitioner's criminal antecedents; if any antecedent is found, it will be presumed that the petitioner concealed his antecedents before this Court and the provisional anticipatory bail order shall not be confirmed; if found to have clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.

¶¶18

Detailed headnote1 paragraphs

Anticipatory bail – Bihar Excise Act, S. 30(a) – Mirganj P.S. Case No. 603 of 2025 (District Gopalganj) – allegation of recovery of 18 litres of liquor from a motorcycle; petitioner claimed he was not arrested from the spot, nothing was recovered from his conscious possession, and he was implicated on the confessional statement of co-accused Rohit in police custody – held, petitioner to be released on provisional anticipatory bail upon arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under S. 482(2) BNSS – trial court to verify criminal antecedents; if any antecedent found, provisional bail not to be confirmed (deemed concealment); if clean antecedent found, to be confirmed forthwith. (Satyavrat Verma, J)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19734 of 2026

¶2

Arising Out of PS. Case No.-603 Year-2025 Thana- MIRGANJ District- Gopalganj

¶3

======================================================

¶4

Shamsad Alam @ Shamsad S/O Pan Mohammad @ Pan Mahammad R/O Vill.- Otnipatti Bhatvaliya, Ps- Mirganj Dist- Gopalganj

¶5

... ... Petitioner/s

¶6

Versus The state of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Manoj Kumar ======================================================

¶7

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

¶8

ORAL ORDER

¶9

2 26-03-2026

¶10

1. Heard learned counsel for the petitioner and learned

¶11

A.P.P. for the State.

¶12

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

¶13

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 18 litres of liquor from a motorcycle.

¶14

4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle and he came to be implicated based on confessional statement of Rohit in police custody which does not have any evidentiary value. 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.

¶15

Patna High Court CR. MISC. No.19734 of 2026(2) dt.26-03-2026 2/2

¶16

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶17

6. 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. 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 Mirganj P.S. Case No. 603 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

¶18

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

¶19

(Satyavrat Verma, J)

¶20

Sumit/-

¶21

U T

Shamsad Alam @ Shamsad v. The state of Bihar

Case brief

What is this about?

What did the court decide?

Shamsad Alam @ Shamsad v. The state of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Aditya Kumar @ Mahesh Vs The State of Bihar

Dipu Ray @ Dipu Kumar Vs The State of Bihar

Manoj Yadav @ Manoj Kumar Yadav Vs The State of Bihar

Rakesh Mahto Vs The State of Bihar

Bhagirath Mukhiya Vs The State of Bihar

Saroj Paswan Vs The State of Bihar