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Patna High Court

Naim @ NayeemversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to conditions and verification of their criminal antecedents.

Summary

The petitioners, Naim and Ashique, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act, 2016, alleging they were merely neighbors who happened to be present at the scene of a reported assault on police. The petitioners argued that the allegations were vague and that petitioner No.1 had prior excise cases which the police were exploiting to implicate him, while petitioner No.2 had a clean record. The State opposed the bail, contending the offenses were cognizable. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.30,000 with two sureties each, and conditioned the order on verification of the petitioners' criminal antecedents by the trial court. The order further stipulated that if petitioner No.1 is found to have more than six prior cases or petitioner No.2 any prior case, the bail would not be confirmed; otherwise it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in the present case despite the serious nature of the alleged offences.
  • Whether the petitioners' alleged presence at the scene constitutes participation in the alleged assault on police.
  • Whether the petitioners' prior criminal antecedents, if any, should preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • excise offences
  • assault on police
  • provisional bail
  • Section 482 CrPC
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20405 of 2026
                        Arising Out of PS. Case No.-259 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
           1.     Naim @ Nayeem Son of Fagu @ Iliyas Resident of Village - Bhagwanpur
                  Ward no. 4, P.S - Jokihat, Dist. - Araria.
           2.    Ashique Son of Ainul Resident of Village - Bhagwanpur Ward no. 4, P.S -
                 Jokihat, Dist. - Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :        Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 132, 262, 303(2) and 3(5) of the BNS and Section 30(a)

                   of Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of six cases, out of which, five

                   cases are under the Excise Act and petitioner no.2 is a person

                   with clean antecedent and allegation is of recovery of 15 litres

                   of cough syrup from a place behind the house of Nabi Hasan. It

                   is next submitted that from perusal of the allegation as alleged
Patna High Court CR. MISC. No.20405 of 2026(2) dt.17-04-2026
                                            2/3




          in the FIR, it would manifest that informant alleges that Nabi

          Hasan was apprehended and thereafter he started raising an

          alarm, on account of which, people gathered including the

          female members of the house of Nabi Hasan and they assaulted

          the police. It is thus submitted that as far as allegation against

          the petitioners is alleged, they are alleged to have come at the

          place of occurrence on alarm raised by Nabi Hasan but then it is

          submitted that they are neighbour of Nabi Hasan and when

          police came to the place of occurrence, they out of

          inquisitiveness came to the place of occurrence to witness the

          occurrence when they came to be implicated. It is next

          submitted that since petitioner no.1 has antecedent under the

          excise as such police took the same as an opportunity to

          implicate him also in the case when allegation of assault is

          general and omnibus in nature.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.30,000/- (Rupees thirty thousand)
             Patna High Court CR. MISC. No.20405 of 2026(2) dt.17-04-2026
                                                         3/3




                       each 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.259/2025, subject

                       to the conditions as laid down under Section 482(2) of the

                       B.N.S.S.

                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of more than six cases and petitioner no.2 has antecedent of

                       even one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with but if after verification it is found that petitioner

                       no.1 has antecedent of six cases and petitioner no.2 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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