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Patna High Court

Md. Asgar Ali @ Md. AsgarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.17359 of 2026(2) dt.19-03-2026
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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
Patna High Court CR. MISC. No.17359 of 2026(2) dt.19-03-2026
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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
               Patna High Court CR. MISC. No.17359 of 2026(2) dt.19-03-2026
                                                           4/4




                         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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