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Patna High Court

Md. AahidversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to a Rs.5,000 bond, two sureties, and verification of his criminal antecedent within six weeks.

Summary

The petitioner, Md. Aahid, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 4523.04 litres of liquor from a seized vehicle he owned. This was his second anticipatory bail application; a prior petition was mistakenly withdrawn on the ground that he had been arrested, which was not true. The petitioner argued that he had no knowledge of the liquor being transported in his vehicle and that no liquor was found in his possession. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedent within six weeks, and stipulated that if more than one prior case is found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • liquor seizure
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16621 of 2026
                     Arising Out of PS. Case No.-122 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Md. Aahid Son of Md. Akhatar @ Md. Akhtar Resident of Village -
                 Madsudanpur (Maksudanpur) Dumari, P.S.- Nanpur, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Kumar No 13
                 For the Opposite Party/s :       Ms. Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. The learned counsel for the petitioner submits that

                   this is the second anticipatory bail application of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner had earlier moved before this Court seeking

                   anticipatory bail by filing Criminal Miscellaneous No. 67123 of

                   2025, but then the learned counsel, Mr. Uday Kumar who had

                   appeared in the said criminal miscellaneous, withdrew the same

                   on the ground that petitioner was arrested, but the petitioner has

                   not been arrested, it is submitted that it appears that
Patna High Court CR. MISC. No.16621 of 2026(2) dt.18-04-2026
                                            2/3




          inadvertently, the said submission was made.

                       5. Learned counsel for the petitioner next submits that

          petitioner has antecedent of one case under the Excise Act and

          allegation is of recovery of 4523.04 liters of liquor from a truck,

          pick up vehicle and from a thatched house near Panchayat

          Bhawan.

                       6. 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 one of the

          seized vehicle i.e. pick up. 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 implicated, it is also submitted that petitioner was

          completely unaware that Ajay would misuse the vehicle in the

          manner as alleged who was also apprehended from the spot.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       8. 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
            Patna High Court CR. MISC. No.16621 of 2026(2) dt.18-04-2026
                                                        3/3




                      Provisional anticipatory bail on furnishing bail bonds of Rs.

                      5000/- (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 Kamtaul

                      P.S. Case No. 122 of 2025 subject to the conditions as laid down

                      under Section 482 (2) of the BNSS.

                                   9. 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 more

                      than one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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