Created by Fuzzy Cloud

Patna High Court

Sajjad Ali @ Md. SajjadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated bond and sureties.

Summary

Petitioner Sajjad Ali, owner of a vehicle, was implicated in a case involving the seizure of 14 litres of liquor from two motorcycles, although he was not arrested at the spot and no liquor was found in his possession. He claimed a clean antecedent and argued that he was unaware that his vehicle was misused by another person, Govind, who was apprehended. The petitioner sought anticipatory bail under Section 482(2) of the B.N.S.S., while the State opposed the relief. The Court considered the petitioner’s lack of direct involvement, his clean record, and the statutory provisions, and ordered provisional anticipatory bail subject to a modest bond and sureties. The order further directed the trial court to verify the petitioner’s antecedents and confirm the bail if no prior cases are found, otherwise to cancel it.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle used in the alleged offence is sufficient grounds for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24683 of 2026
                          Arising Out of PS. Case No.-176 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
                 Sajjad Ali @ Md. Sajjad Son of Bhojan Ali Resident of Village- Pipra Bijwar,
                 P.S.- Palasi, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mukesh Kumar Rana
                 For the Opposite Party/s :         Mr. Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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 Sections 30(a),

                   32(2), 41 of 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 14 litres of liquor from two motorcycles as detailed

                   in the FIR. 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 one of the seized vehicle. It is next submitted that

                   no prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.24683 of 2026(2) dt.20-04-2026
                                            2/3




          occurrence and thus would create evidence against himself and

          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Govind 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 Sikty P.S. Case No.176/2025, 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
             Patna High Court CR. MISC. No.24683 of 2026(2) dt.20-04-2026
                                                         3/3




                       on verification 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)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.