Patna High Court

Md. AslamversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Md Aslam, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 229.320 litres of liquor recovered from a poultry farm adjacent to his property. He contended that he has a clean antecedent, the liquor was not found in his immediate possession, and the informant’s claim was false. The State opposed his request for anticipatory bail. The Court, after considering the petitioner's submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of his criminal antecedent by the trial court. If any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
Whether the alleged recovery of liquor from the adjacent poultry farm justifies denial of bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
clean antecedent
Section 30
Section 482
Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22799 of 2026
                      Arising Out of PS. Case No.-15 Year-2026 Thana- Panapur District- Muzaffarpur
                 ======================================================
                 Md. Aslam Son of Md. Mainuddin @ Mainuddin Resident of village -
                 Bangari, ps- Panapur, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar
                 For the Opposite Party/s :        Mr. Rana Randhir Singh
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 229.320 liters of liquor from a poultry farm of the

                   petitioner.

                                 4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to his poultry farm and came to be
Patna High Court CR. MISC. No.22799 of 2026(3) dt.27-04-2026
                                            2/3




          implicated based on secret information which is the easiest way

          to implicate someone without holding a proper investigation,

          when petitioner admittedly is a person with clean antecedent. It

          is also submitted that the informant in the FIR falsely alleges

          that liquor was recovered from the poultry farm of the

          petitioner.

                        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 before the learned Trial Court

          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 Panapur

          Kariyat P.S. Case No. 15 of 2026 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
            Patna High Court CR. MISC. No.22799 of 2026(3) dt.27-04-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T

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