Patna High Court
Md AsgarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
A vehicle owner with no personal possession of the seized liquor and a clean antecedent is entitled to provisional anticipatory bail, subject to verification of antecedents.
Summary
The petitioner, Md Asgar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 168.75 litres of liquor were recovered from a Swift car he owned. He argued that he had no knowledge of the liquor, that the driver who was in control of the vehicle fled the scene, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The court considered that ownership of the vehicle alone does not constitute participation in the offence and that the petitioner’s clean antecedent warranted relief. Accordingly, the court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of his antecedents by the trial court. If any prior case is discovered, the bail will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether the owner of a vehicle from which liquor is seized can be granted anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of personal possession justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle owner liability
- clean antecedent
- Section 30
- Section 482
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19376 of 2026
Arising Out of PS. Case No.-85 Year-2023 Thana- MARANCHI District- Patna
======================================================
Md Asgar S/O Md Isar @ Md Ijhar R/O Vill. - Pathara, P.S.- Jamua, Distt-
Giridih, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 168.750 litres of liquor from a Swift car. It is next
submitted that 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 the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.19376 of 2026(2) dt.26-03-2026
2/3
implicated. It is also submitted that the petitioner was
completely unaware that his driver would misuse his vehicle in
the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Maranchi P.S. Case No.85/2023, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.19376 of 2026(2) dt.26-03-2026
3/3
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.