Patna High Court
Md. Aslam @ Mohammad AslamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c), 30(d)
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
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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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