Patna High Court
Md. Mobin Kuraishi @ Md. Momin KuraishiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his antecedent.
Summary
The petitioner, Md. Mobin Kuraishi, applied for anticipatory bail after a police case was registered under Sections 272, 273 and 414/34 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 1,479.960 litres of liquor. He argued that he had a clean antecedent, was not arrested at the spot, and the liquor was recovered from a pick‑up vehicle he owned, which he claimed he was unaware was being misused by another person. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the offence. The Court considered whether anticipatory bail could be granted under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. given the facts. It ordered provisional anticipatory bail, subject to a bond and sureties, and directed the trial court to verify the petitioner’s antecedent before confirming the bail. If any prior case is found, the provisional order will not be confirmed; otherwise it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482(2) B.N.S.S. despite ownership of the vehicle from which liquor was seized
- Whether the lack of conscious possession and a clean antecedent justify granting anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 272, 273, 414/34, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- vehicle ownership
- clean antecedent
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25810 of 2026
Arising Out of PS. Case No.-43 Year-2023 Thana- MUSAHARI District- Muzaffarpur
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Md. Mobin Kuraishi @ Md. Momin Kuraishi S/o Late Jainul Kuraisi R/o
Village- Chhapra, P.S- Pusa, DIST- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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 Sections 272, 273
and 414/34 of the BNS as well as Section 30(a) of the 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 1479.960 litres of liquor from a Pick-Up.
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
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.25810 of 2026(2) dt.22-04-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Mithilesh 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 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 Musahari P.S. Case
No. 43 of 2023, 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
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.25810 of 2026(2) dt.22-04-2026
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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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