Patna High Court

Saiyad KamruddinversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent under Section 482(2) of the BNSS.

Summary

The petitioner, Saiyad Kamruddin, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 75.24 litres of liquor from his Bolero vehicle. He argued that he had a clean antecedent and that the liquor was not found in his conscious possession, asserting that his friend Rakesh, who was arrested at the scene, had misused the vehicle without his knowledge. The State opposed the grant of anticipatory bail. The Court, considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the ownership of the vehicle, without conscious possession of the seized liquor, suffices for granting anticipatory bail.

Subjects

anticipatory bail
excise law
vehicle ownership
clean antecedent
Section 30(a) Bihar Excise Act
Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22345 of 2026
                       Arising Out of PS. Case No.-294 Year-2025 Thana- Excise P.S. District- Buxar
                 ======================================================
                 Saiyad Kamruddin S/O Late Sadruddin R/O Village- Semaridev, P.S.-
                 Kargahar, Dist.- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anand Kumar Ojha
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) 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 75.24 litres of liquor from a Bolero vehicle.

                             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 the seized

                   vehicle. It is next submitted that no prudent person would use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.22345 of 2026(2) dt.08-04-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his friend, Rakesh, 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 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 Buxar Excise P.S. Case No. 294 of 2025,

          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.22345 of 2026(2) dt.08-04-2026
                                                          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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