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Patna High Court

Md. Aslam @ Mohammad AslamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Md. Aslam, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Sections 30(a), 30(c) and 30(d) of the Excise Act, alleging recovery of 95 litres of liquor from five locations. He argued that he was not arrested at the spot, no liquor was found in his possession, and the information leading to his implication came from an unnamed local informant, raising doubts about the prosecution’s case. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. The court warned that if more than one prior case is found, the bail would be cancelled; otherwise, the provisional order would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under the Excise Act where the accused claims lack of possession and reliance on secret informant.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 438 CrPC
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17812 of 2026
                    Arising Out of PS. Case No.-8 Year-2026 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Md. Aslam @ Mohammad Aslam S/O Md. Kayum @ Md kyum R/o Village -
                 Stmalpur, P.S- warisnagar, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Bhushan Prasad
                 For the Opposite Party/s :       Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  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

                   Sections 30(a), 30(c) and 30(d) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 95 litres of liquor from five

                   different places.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.17812 of 2026(2) dt.16-04-2026
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          the name of the person, who disclosed the name of the petitioner

          is not disclosed in the F.I.R., which casts an aspersion on the

          case of the prosecution, when petitioner has not been implicated

          based on secret information. It is also submitted that it is seen

          that in majority of the cases the police is implicating accused in

          cases relating to excise at the instance of Chaukidar or local

          person without holding a proper investigation.

                       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

          sum of Rs.5,000/- (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 Warisnagar P. S. Case No.08 of 2026, 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
               Patna High Court CR. MISC. No.17812 of 2026(2) dt.16-04-2026
                                                           3/3




                         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

                         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 has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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