Patna High Court
Md. AahidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 This was his second anticipatory bail application; a prior petition was mistakenly withdrawn on the ground that he had been arrested, which was not true.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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
Checking your session…