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Patna High Court

Salman GaddiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bonds, sureties and verification of the petitioner’s antecedent.

Summary

The petitioner, Salman Gaddi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 30.6 litres of liquor recovered from an e‑rickshaw he owned. He argued that he had no conscious possession of the liquor, had a clean antecedent, and was unaware that another person, Shahabuddin Gaddi, misused his vehicle. The State opposed his application for anticipatory bail. The Court considered the submissions and, applying Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Substance (B.N.S.S.) Act, granted provisional anticipatory bail subject to a bail bond and sureties, with a condition that the trial court verify his antecedent. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case of alleged liquor possession under the Bihar Prohibition and Excise Act
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • liquor seizure
  • clean antecedent
  • vehicle ownership
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20438 of 2026
                  Arising Out of PS. Case No.-27 Year-2025 Thana- DHANAHA District- West Champaran
                 ======================================================
                 Salman Gaddi S/O Shabir Gaddi R/O Village- Gambhiriya Buzurg, Police
                 Station- Padrauna, District- Kushi Nagar (Uttar Pradesh).
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Kr Singh No. 1, Advocate
                 For the Opposite Party/s :      Mr. Madan Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30.6 litres of liquor from an E-rickshaw.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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,
Patna High Court CR. MISC. No.20438 of 2026(3) dt.27-04-2026
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          would get implicated. It is also submitted that petitioner was

          completely unaware that Shahabuddin Gaddi would misuse the

          vehicle in the manner as alleged who was also apprehended

          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 appearing on behalf of the petitioner, let 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 Dhanaha P.S. Case

          No. 27 of 2025, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail

          application in that event the provisional anticipatory bail order
           Patna High Court CR. MISC. No.20438 of 2026(3) dt.27-04-2026
                                                       3/3




                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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