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Patna High Court

Md. Aslam @ Md. Mohammad AslamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Md. Aslam, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for the alleged recovery of 180 ml of liquor from a motorcycle he owned. He argued that he had no conscious possession of the liquor, had a clean criminal record, and was unaware that another individual, Afjal Hussain, misused his vehicle. The State opposed his application for anticipatory bail. The Court considered the submissions and, under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, with a six‑week window for surrender. The order also directed the trial court to verify the petitioner’s antecedent; if any prior case is found, the bail may be revoked, otherwise it will be confirmed. The decision reflects the Court’s discretion to balance the petitioner’s rights against the seriousness of the alleged offence.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2018.
  • Whether the petitioner’s ownership of the vehicle, without actual possession of the liquor, suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13046 of 2026
                     Arising Out of PS. Case No.-776 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Md. Aslam @ Md. Mohammad Aslam S/o Md. Mojib Khan @ Mohammad
                 Mojib R/o vill - Rahmat Nagar Gulabbagh, P.S.- Sadar, Distt.- Purnea
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Bhola Prasad, Advocate
                 For the Opposite Party/s :         Mr. Shyameshwar Dayal, A.P.P.
                 ======================================================
                 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 offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise (Amendment) Act,

                   2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 180 Ml. of liquor from a motorcycle.

                                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 petitioner 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
Patna High Court CR. MISC. No.13046 of 2026(2) dt.10-03-2026
                                            2/3




          and, thus, would create evidence against himself and, hence,

          would get implicated. It is next submitted that petitioner was

          completely unaware that Afjal Hussain would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot.

                       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 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 Kishanganj Excise P.S. Case No. 776 of

          2023, subject to the conditions as laid down under Section

          438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned trial

          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
           Patna High Court CR. MISC. No.13046 of 2026(2) dt.10-03-2026
                                                       3/3




                     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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