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Patna High Court

Md. NurulversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Md. Nurul, was implicated in a case under Sections 30 and 30(a) of the Bihar Excise Act for the alleged recovery of large quantities of liquor from a pickup vehicle and a truck he owned. He argued that he had no prior criminal record, that the liquor was not found in his immediate possession, and that his driver, acting with a third party, misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The Court granted provisional anticipatory bail, subject to a modest bail bond, two sureties, and a six‑week window for surrender, with the condition that the trial court verify his antecedent. If any prior case is discovered, the bail would be revoked; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the relevant Bihar statute, emphasizing the need to protect the petitioner’s business reputation pending verification.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) in a case involving alleged possession of liquor under the Bihar Excise Act?
  • Does ownership of the vehicle used in the alleged offence automatically render the owner liable for anticipatory bail denial?
  • Should the petitioner’s clean criminal antecedent be a prerequisite for confirming anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • Section 482
  • clean antecedent
  • vehicle ownership
  • seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14689 of 2026
                      Arising Out of PS. Case No.-242 Year-2019 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Md. Nurul S/o Md. Samshul R/o Village- Katha Barka Gaon, P.S- Kanti, Dist-
                 Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kaushal Kishor
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-07-2026                  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 and

                   30(a) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2691 liters of liquor from a pick up vehicle and 225

                   liters of liquor from a truck.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended 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 truck.

                   It is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.14689 of 2026(3) dt.09-07-2026
                                            2/3




          vehicle for committing an occurrence and thus would create

          evidence against himself and hence would get implicated and at

          the same time shall bring disrepute to his business, it is also

          submitted that petitioner was completely unaware that his driver

          in connivance with Khalashi would misuse the vehicle in the

          manner as alleged who also fled 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, the petitioner above-named, in the

          event of his arrest or surrender before the learned Trial Court

          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 Paroo

          P.S. Case No. 242 of 2019 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify 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

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.14689 of 2026(3) dt.09-07-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if 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)
Rishabh/-

U      T


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