Patna High Court
Mohammad FaijanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail subject to bond, sureties and verification of antecedent.
Summary
The petitioner, Mohammad Faijan, sought anticipatory bail fearing arrest in a case involving alleged offences under several IPC sections, the Motor Vehicles Act and the Bihar Prohibition and Excise Act, relating to the recovery of 2799.360 litres of liquor from a truck. He contended that he has a clean antecedent, was not arrested at the spot, did not have the seized vehicle in his possession, and that the primary evidence against him – a confessional statement of an accused in police custody – lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted when the primary evidence is a confessional statement of an accused in police custody.
- Whether the petitioner’s claim of clean antecedent and lack of possession of the seized vehicle merit granting bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41(i)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 419, 420, 467, 468, 471
- Motor Vehicles Act — s. 177, 179, 182(A)(4)
Subjects
- anticipatory bail
- confessional statement
- clean antecedent
- provisional bail
- motor vehicle offence
- liquor seizure
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1864 of 2026
Arising Out of PS. Case No.-113 Year-2023 Thana- PHULWARIYA District- Gopalganj
======================================================
Mohammad Faijan Son of Mohammad Tufail Resident of Village - Amarakh,
P.S.- Maniyari, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 419, 420,
467, 468 and 471/34 of the Indian Penal Code, Sections 182(A)
(4), 177 and 179 of the Motor Vehicles Act as well as Sections
30(a) and 41(i) of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 2799.360 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of
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apprehended accused in police custody which does not have any
evidentiary value in the eye of law.
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, let 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
Phulwariya P.S. Case No. 113 of 2023, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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