Patna High Court
Md. AsrafulversusThe 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 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
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 272, 273
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
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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
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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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