Patna High Court
Matlub @ MatlabversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent.
Summary
The petitioner, Matlub, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act concerning the alleged recovery of 101,400 litres of liquor from two motorcycles. He asserted a clean criminal record and claimed he neither owned nor had possession of the seized vehicles, alleging that the vehicle owner, Pramod, falsely implicated him through a fabricated affidavit. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedent and compliance with Section 438(2) of the CrPC. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in a case under Section 30(a) of the Excise Act.
- Whether the petitioner’s lack of possession of the seized liquor and his claim of a clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30 Excise Act
- Section 438 CrPC
- clean antecedent
- liquor seizure
- motor vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13723 of 2026
Arising Out of PS. Case No.-87 Year-2021 Thana- KURSAKANTA District- Araria
======================================================
Matlub @ Matlab S/O lslam @ Md. Mohsin R/O Vill.- Garaiya Lailokhar
Abu Talha Tola, Ward Number.- 04, P.S- Kuwari, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 101.400 litres of liquor from two different
motorcycles.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicles, but then, he came to be implicated at the
instance of owner of the vehicle namely Pramod, who disclosed
Patna High Court CR. MISC. No.13723 of 2026(2) dt.15-04-2026
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before the police that petitioner had purchased one of the seized
motorcycles. It is further submitted that no doubt, Pramod had
approached the petitioner to purchase his motorcycle, but since
he was selling the motorcycle based on affidavit, as such,
petitioner refused. It is thus submitted that it appears that
Pramod taking advantage of the fact that an affidavit in the
name of the petitioner was prepared falsely implicated him.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Kursakanta (Kuwari) P. S. Case No.87 of 2021, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.13723 of 2026(2) dt.15-04-2026
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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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
vikash/-
U T
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