Patna High Court
Mohammad MajidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S. — s. 281, 324(4)
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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