Patna High Court

Musaraf @ Musaraf AliversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedents.

Summary

The petitioner, Musaraf Ali, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 13.68 litres of liquor from a motorcycle. He argued that he was not caught in possession, was not the owner of the vehicle, and his name does not appear in the FIR, asserting a clean criminal record. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify the petitioner’s antecedents, and if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed immediately.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
Whether the absence of the petitioner’s name in the FIR and lack of possession affect the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
CrPC Section 482
clean antecedent
seizure of liquor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17100 of 2026
                   Arising Out of PS. Case No.-585 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Musaraf @ Musaraf Ali Son of Kayamudin @ Kayumudin Resident of village
                 - Near S.B. College Maulabagh, Ara, P.S.- Ara Town, District - Bhojpur,
                 Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Chandan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sucheta Yadav, APP
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 13.68 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and he came to be implicated at the

                   instance of local person, but then the name of the person who
Patna High Court CR. MISC. No.17100 of 2026(2) dt.17-03-2026
                                            2/3




          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution when

          petitioner was not implicated based on secret information.

                       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, 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

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten 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

          Udwantnagar P.S. Case No. 585 of 2025 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. 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 even

          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
            Patna High Court CR. MISC. No.17100 of 2026(2) dt.17-03-2026
                                                        3/3




                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

Continue reading with your account

Checking your session…