Created by Fuzzy Cloud

Patna High Court

Mohammad MajidversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents and compliance with bail conditions.

Summary

The petitioner, Mohammad Majid, was implicated in a case alleging that 408.960 litres of liquor were recovered from his Creta car, leading to charges under Sections 281 and 324(4) of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not present at the spot, the liquor was not in his conscious possession, and that his driver, who fled, had misused the vehicle without his knowledge. The petitioner, who already has nine prior criminal cases, sought anticipatory bail, arguing that the police were improperly implicating individuals with antecedents without proper investigation. The State opposed the bail. The court granted provisional anticipatory bail conditioned on the petitioner furnishing bail bonds and two sureties, and directed the trial court to verify his antecedents, with the bail to be confirmed only if his prior cases do not exceed nine.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his criminal antecedent and the alleged seizure of liquor from his vehicle.
  • Whether ownership of the vehicle alone suffices to establish liability for the offence under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle owner liability
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16126 of 2026
                   Arising Out of PS. Case No.-70 Year-2025 Thana- THAKURGANJ District- Kishanganj
                 ======================================================
                 Mohammad Majid S/O Md Ayyub R/O Village- Matiyari Ward No. 06, P.S-
                 Jokihat, Distt.- Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar
                 For the Opposite Party/s :      Mr. Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 Sections 281, 324(4)

                   of BNS and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of nine cases and allegation is of

                   recovery of 408.960 litres of liquor from a Creta car. 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 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 would get
Patna High Court CR. MISC. No.16126 of 2026(2) dt.17-03-2026
                                            2/3




          implicated. It is also submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged who also fled from the spot. It is next

          submitted that of late police has started implicating accused

          having criminal antecedent in cases relating to excise for

          obvious reason, without holding a proper investigation.

                       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.45,000/- (Rupees Forty 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 Thakurganj P.S.

          Case No.70/2025, 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 more than

          nine cases, in that event, it would be presumed that petitioner
             Patna High Court CR. MISC. No.16126 of 2026(2) dt.17-03-2026
                                                         3/3




                       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 has antecedent of nine

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.