Patna High Court
Md. Asgar Ali @ Md. AsgarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and non‑involvement in the related Arms Act case.
Summary
The petitioner applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act, where 45 litres of liquor, a loaded pistol and live cartridges were recovered from a seized motorcycle owned by the petitioner. The petitioner argued that he had no prior criminal record, was not present at the scene, and was unaware of the misuse of his vehicle by another individual, Pawan Kumar Sahni, who was also facing separate charges under the Arms Act. The State opposed the bail, contending the petitioner’s ownership of the vehicle implicated him. The High Court granted provisional anticipatory bail, directing the petitioner to furnish bail bonds of Rs.500 with two sureties and imposing verification of his antecedent and involvement in the related Arms Act case. The order stipulated that if any antecedent or involvement is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for alleged offences under the Excise Act.
- Whether ownership of the seized motorcycle implicates the petitioner in the alleged offences.
- Whether pending charges under the Arms Act against another individual affect the grant of anticipatory bail to the petitioner.
Legislation cited
- Arms Act — s. 25(1-B)a, 26
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Arms Act
- vehicle ownership
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17359 of 2026
Arising Out of PS. Case No.-281 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Md. Asgar Ali @ Md. Asgar Son of Md. Ladale Sah Resident of village-
Inarava, Khajauli, Ps- Khajauli, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
Ms. Archna Aanand
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 45 litres of liquor from a motorcycle along with
one loaded pistol and two live cartridges were also recovered
from possession of Pawan Kumar Sahni and a motorcycle was
seized.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
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recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Pawan would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot and from whose
possession the pistol was recovered. It is further submitted that a
separate FIR being Khajauli P. S. Case No. 172 of 2025 has
been instituted for offences under Sections 25(1-B)a and 26 of
the Arms Act against Pawan. It is next submitted that petitioner
is not an FIR accused in Khajauli P. S. Case No. 172 of 2025
which amply demonstrates that petitioner was not present at the
place of occurrence.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
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sum of Rs.500/- (Rupees Five Hundred) 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
Sadar Excise P. S. Case No.281 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. The learned Trial Court thereafter shall verify that
as to whether petitioner is a named accused in Khajauli P. S.
Case No. 172 of 2025 or not, in the event, if it is found that
petitioner is a named accused in Khajauli P. S. Case No. 172 of
2025, in that event, the present provisional anticipatory bail
bonds shall not be confirmed, but if it is found that petitioner is
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not a named accused in Khajauli P. S. Case No. 172 of 2025, in
that event, the provisional anticipatory bail bonds shall be
confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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