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Patna High Court

Md. MustakimversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.19684 of 2026(2) dt.26-03-2026
                                            2/3




          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
              Patna High Court CR. MISC. No.19684 of 2026(2) dt.26-03-2026
                                                          3/3




                        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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