Patna High Court
Md. MunnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions, and its confirmation depends on verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Md. Munna, sought anticipatory bail after a case was registered under Sections 274, 275 and 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 629.485 litres of liquor from four motorcycles. He argued that he was not arrested at the spot, that the liquor was not found in his conscious possession, and that he was implicated merely because he owned one of the seized vehicles, which he claimed was misused by a friend. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also directed the trial court to verify the petitioner’s criminal antecedent and conditionally confirm the bail if only one prior case is found, otherwise the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise (Amendment) Act.
- Whether ownership of a vehicle used in the alleged offence is sufficient grounds to deny anticipatory bail.
- Whether the petitioner’s criminal antecedent, if more than one case, should affect the confirmation of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- liquor seizure
- vehicle ownership
- criminal antecedent
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15249 of 2026
Arising Out of PS. Case No.-293 Year-2025 Thana- JAYNAGAR District- Madhubani
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Md. Munna S/O Late Md. Yunus R/o village - Dumriyahi, P.S - Khajauli,
District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 offences punishable under Sections 274, 275
and 317(5) of the BNS as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 629.485 litres of liquor from four different
motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of one of the seized vehicles. It is next submitted that no
Patna High Court CR. MISC. No.15249 of 2026(2) dt.25-03-2026
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prudent person would use his own vehicle for committing an
occurrence and thus would create evidence against himself and
hence would get implicated. It is also submitted that petitioner
was completely unaware that his friend 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, let 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.5,000/- (Rupees Five Thousand)
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 Jaynagar P.S. Case No. 293 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.15249 of 2026(2) dt.25-03-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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