Patna High Court
Kabir AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that anticipatory bail may be granted despite the petitioner not being named in the FIR, provided he furnishes the prescribed bail bond and his antecedents are verified.
Summary
The petitioner, Kabir Ali, sought anticipatory bail after the police lodged a case (Dhansoi P.S. Case No. 7 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving 33.84 litres of illicit liquor. The prosecution’s FIR named an unknown person and the owner of a seized motorcycle, but not the petitioner, and the recovery was not from his possession. The petitioner argued he was innocent, had no criminal antecedent, and was implicated only because he owned the motorcycle. The State opposed bail. The High Court granted anticipatory bail, directing the petitioner to furnish a Rs.30,000 bail bond under Section 2(1)(d) of the B.N.S.S., 2023 and comply with conditions under Section 482(2) of the same Act, while ordering verification of any criminal antecedent.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 2(1)(d) of the B.N.S.S., 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of the seized motorcycle alone makes the petitioner an accused warranting denial of bail.
- Whether the petitioner’s clean antecedent and lack of possession of the illicit liquor justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Section 30
- Section 482
- bail bond
- criminal antecedent
- motorcycle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22663 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- DHANSOI District- Buxar
======================================================
Kabir Ali S/o Late Ramjan Ali Resident of Village- Raghopuri, P.S.-
Khusmundi, Dist.- Dakshin Dinajpur (W.B.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Dhansoi P.S. Case No. 7 of 2026 lodged on 28.01.2026, for
the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
one unknown person and owner of a motorcycle. Total recovery
of 33.840 litres of illicit liquor has been made, which is the
subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
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submits that the petitioner is not named in the FIR and nothing
has been recovered from his conscious possession. Counsel
submits that the petitioner has been made accused in this case
only due to the reason that he is the owner of seized motorcycle.
Counsel further submits that the petitioner was not arrested from
the place of occurrence. He further submits that the petitioner
has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Judge Excise Court No.1, Buxar, in connection with
Dhansoi P.S. Case No. 7 of 2026, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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