Patna High Court

Md. FirozversusThe State of Bihar

Decided: 13 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md. Firoz, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 459 litres of liquor from two vehicles, one of which he owned. He was not arrested at the spot and the liquor was not found in his possession; only his driver was apprehended. The petitioner argued that he had a clean antecedent and was unaware of his driver’s misuse of the vehicle. The State opposed the grant of anticipatory bail. The Court, considering the petitioner’s clean record and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 482(2) of the B.N.S.S., pending verification of his antecedents by the trial court.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s ownership of the vehicle, without direct possession of the liquor, suffices to deny bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
liquor seizure
vehicle owner liability
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14252 of 2026
                      Arising Out of PS. Case No.-343 Year-2021 Thana- RAGHOPUR District- Supaul
                 ======================================================
                 Md. Firoz S/o Israil @ Israel R/o Village - Bhorhar Barmotra Hingua, P.S -
                 Narpatganj, District - Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjay Kumar Singh
                 For the Opposite Party/s :       Mr. Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 459 litres of liquor from two different vehicle. 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

                   one of the seized vehicle. It is next submitted that no prudent

                   person would use his own vehicle for committing an occurrence

                   and thus would create evidence against himself and hence
Patna High Court CR. MISC. No.14252 of 2026(2) dt.13-03-2026
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          would get implicated. It is also submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged who was also apprehended from the spot.

                       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 Raghopur P.S. Case No.343/2021, 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

          on verification it is found that petitioner is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.14252 of 2026(2) dt.13-03-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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