Patna High Court
Haidar @ Md. HaidarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to bond, sureties and verification of antecedent.
Summary
The petitioner, Haidar, was implicated in a case under IPC sections 272 and 273/34 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for allegedly possessing 3.60 litres of liquor recovered from a motorcycle he owned. He argued that he had a clean antecedent, was not arrested at the spot, and was unaware that another individual used his vehicle for the alleged offence. The State opposed his anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties of the same amount, with verification of his criminal antecedent by the trial court. If the trial court finds any prior case, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- IPC sections 272
- IPC sections 273
- Bihar Prohibition Act
- liquor seizure
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25099 of 2026
Arising Out of PS. Case No.-11 Year-2022 Thana- HARLAKHI District- Madhubani
======================================================
Haidar @ Md. Haidar S/O Ayub R/O Village- Chatar Ward No.- 13, P.S.-
Jaynagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Rebindra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioner and Mr.
Rabindra Kumar, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 272 and
273/34 of the Indian Penal Code as well as Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 3.60 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.25099 of 2026(2) dt.21-04-2026
2/3
person would use his own vehicle for committing an occurrence
and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Sonu would misuse the vehicle in the
manner as alleged who was also apprehended from the spot
along with Md. Saddam.
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 appearing on behalf of the petitioner, let 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 Harlakhi P.S. Case
No. 11 of 2022, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
Patna High Court CR. MISC. No.25099 of 2026(2) dt.21-04-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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