Patna High Court
Mohamad SahilversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.
Summary
The petitioner, Mohamad Sahil, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 41.415 litres of liquor from three motorcycles, one of which he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that another individual, Md. Mitthu, would misuse his vehicle. The State opposed his request for anticipatory bail. The High 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, subject to verification of his antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, but if his antecedents are clean, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act and Section 482(2) of the BNSS.
- Whether the petitioner’s ownership of the seized vehicle and alleged lack of possession of liquor justify granting anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor seizure
- clean antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18797 of 2026
Arising Out of PS. Case No.-228 Year-2023 Thana- AMAUR District- Purnia
======================================================
Mohamad Sahil S/o Md. Yasin R/o Village - Madarghat Ward No. 11/20, P.S -
Kasba, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Jha
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 41.415 litres of liquor from three different
motorcycles.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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 one of the
seized motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.18797 of 2026(2) dt.25-03-2026
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would use 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 Md. Mitthu would misuse the vehicle in the
manner as alleged, who was also apprehended from the spot
along with two others 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 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 Amaur P.S. Case No. 228 of 2023, 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
Court, as such, the provisional anticipatory bail order shall not be
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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)
vikash/-
U T
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