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Patna High Court

Matlub @ MatlabversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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