Patna High Court

Md. Amanullah @ AmanullahversusThe State of Bihar

Decided: 31 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents.

Summary

The petitioner, Md. Amanullah, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 255 litres of liquor from his pickup vehicle. He argued that he had no knowledge of the liquor being transported, had a clean criminal record, and was implicated merely because he owned the vehicle. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify his antecedents. If any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act and Section 482(2) of the B.N.S.S. Act.
Whether ownership of the vehicle, without proof of conscious possession of liquor, suffices for arrest.

Legislation cited

B.N.S.S. Act — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30
Section 482
liquor seizure
vehicle ownership
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20197 of 2026
                        Arising Out of PS. Case No.-84 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Md. Amanullah @ Amanullah S/o Md. Sarfuddin Resident of Village-
                 Chandchaur Rahimtola, Belamegh, ward no. 12, P.S.- Ujiyarpur, District-
                 Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gopal Kumar Jha
                 For the Opposite Party/s :       Mr. Umanath Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 255 litres of liquor from a pick up vehicle. 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
Patna High Court CR. MISC. No.20197 of 2026(2) dt.31-03-2026
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          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Prem would misuse his vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Awdhesh.

                       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 Jokihat P.S. Case No.84/2025, 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
             Patna High Court CR. MISC. No.20197 of 2026(2) dt.31-03-2026
                                                         3/3




                       on verification 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)
amit/-

U        T

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