Patna High Court
Ahmad SajjadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedents and compliance with bail conditions.
Summary
Ahmad Sajjad, the owner of a motorcycle, was implicated in a case where 30 litres of liquor were recovered from the vehicle, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 272 and 273 of the Indian Penal Code. The petitioner contended that he had no conscious possession of the liquor, had a clean antecedent, and was unaware that a friend had used his vehicle for the alleged offence. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail for a period of six weeks, subject to a bail bond of Rs.500 and two sureties, and directed verification of the petitioner’s criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bihar Prohibition and Excise Act and IPC sections 272 and 273.
- Whether ownership of the vehicle used in the alleged offence and lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Indian Penal Code
- possession
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12578 of 2026
Arising Out of PS. Case No.-125 Year-2022 Thana- KALUAHI District- Madhubani
======================================================
Ahmad Sajjad Son of Md. Zafiruddin Resident of Village - Pura, P.O. -
Kabariya, P.S. - Kabariya, District - Darbhanga, Pin - 846004
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Raushan
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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
Bihar Prohibition and Excise Act and Sections 272 and 273 of
the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30 litres of liquor from a motorcycle. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.12578 of 2026(2) dt.10-03-2026
2/3
would create evidence against himself and hence would get
implicated. It is thus submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged. It is reiterated and submitted that
petitioner is a person with clean antecedent.
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.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 Kaluahi P.S. Case No.125/2022, 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 even one
case, 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
Patna High Court CR. MISC. No.12578 of 2026(2) dt.10-03-2026
3/3
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…