Patna High Court
Md. Asgar AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the conditions imposed under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Md Asgar Ali, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged recovery of 24 litres of liquor from a scooter he owned. He was not arrested at the spot and the liquor was not found in his conscious possession; the prosecution’s case rested on his ownership of the vehicle. The petitioner, who has a clean antecedent, applied for anticipatory bail, arguing that a prudent person would not use his own vehicle to commit the offence and that he was unaware of any misuse by another individual. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case of alleged possession of liquor recovered from a vehicle he owned.
- Whether ownership of the vehicle, without conscious possession of the contraband, is sufficient grounds for arrest and denial of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- bail conditions
- possession
- vehicle ownership
- Bihar Prohibition and Excise Act
- Section 482(2)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20703 of 2026
Arising Out of PS. Case No.-1358 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Md. Asgar Ali Son of Mahbob Alam @ Md. Mahbub Alam Resident of
Village- Khakjana, P.S.- Angarh, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
For the Opposite Party/s : Mr. Akbar Ali
======================================================
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 Sections 30(a) and
32(3) 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 24 litres of liquor from a Scooty. 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 would
create evidence against himself and hence would get implicated.
Patna High Court CR. MISC. No.20703 of 2026(2) dt.31-03-2026
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It is also submitted that the petitioner was completely unaware
that Manowar would misuse his vehicle in the manner as alleged
who was also apprehended from the spot.
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 Madya Nisedh P.S. Case No.1358/2023, 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
on verification it is found that petitioner is a person with clean
Patna High Court CR. MISC. No.20703 of 2026(2) dt.31-03-2026
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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