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Patna High Court

Md. AsrafulversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Md Asraful, was implicated in a case concerning the seizure of 648 litres of liquor from a pickup vehicle he owned, alleged to be offences under IPC sections 272 and 273 read with Section 30(a) of the Bihar Excise Act. He argued that he had no knowledge of the liquor being in the vehicle and that the actual misuse was by another individual, Ramchandra, who was also arrested. 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.500 with two sureties and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the seizure of liquor from his vehicle.
  • Whether the petitioner’s lack of knowledge and non-possession of the liquor negates criminal liability under IPC 272, 273 and the Bihar Excise Act.
  • Whether the conditions imposed by the Court are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • IPC 272
  • IPC 273
  • Bihar Excise Act
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18561 of 2026
                     Arising Out of PS. Case No.-289 Year-2022 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Md. Asraful Son of Md. Ibrahim Resident of village - Madarsa Tola, Chikni,
                 Ward No.- 06, P.S.- Araria, Dist.- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  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 Sections 272 and

                   273 of the Indian Penal Code read with 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 648 liters of liquor from a pick up vehicle.

                                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 he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.18561 of 2026(2) dt.16-04-2026
                                            2/3




          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Ramchandra would misuse the vehicle in the manner as

          alleged who was also apprehended along with five named

          accused persons.

                       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.

          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

          Narpatganj P.S. Case No. 289 of 2022 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
            Patna High Court CR. MISC. No.18561 of 2026(2) dt.16-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after 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


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