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Patna High Court

Ahmad SajjadversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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