Patna High Court
Md. MustakimversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner's antecedent, under its inherent powers.
Summary
The petitioner, Md. Mustakim, was implicated in a case under IPC sections 272 and 273 and the Bihar Excise Act sections 30(a) and 47 for alleged recovery of liquor from a motorcycle he owned, while another motorcycle was seized. He argued that he had no conscious possession of the liquor, was not arrested at the spot, and was unaware of his friend's alleged misuse of the vehicle. The State opposed his application 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 and that the trial court verify his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision rests on the inherent powers of the High Court under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations under IPC 272, 273 and the Bihar Excise Act.
- Whether the ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the High Court can conditionally grant anticipatory bail pending verification of the petitioner's antecedent.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- IPC 272
- IPC 273
- Bihar Excise Act
- vehicle ownership
- clean antecedent
- Section 482
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19684 of 2026
Arising Out of PS. Case No.-128 Year-2023 Thana- MADHEPUR District- Madhubani
======================================================
Md. Mustakim S/o- Md. Harun R/vill- Rahua Sangram Ps- Bheja Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
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 offences punishable under Sections 272 and
273 of IPC and Sections 30(a) and 47 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 375 ml of liquor from a motorcycle and another
motorcycle was seized.
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
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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 his friend would misuse the vehicle in the manner
as alleged, who also fled from the spot.
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 Madhepur P.S. Case No. 128 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
confirmed, but after verification if it is found 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)
Sumit/-
U T
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