Patna High Court
Md. NurulversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Excise Act — s. 30, 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.