Patna High Court
Md. Rahamtullah@ RahamtullaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to conditions and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Md. Rahamtullah, sought anticipatory bail fearing arrest in a case registered under IPC sections 272, 273, 414, 34 and Section 30(a) of the Bihar Excise Act for alleged recovery of 360 litres of liquor from four motorcycles. He argued that he was not present at the spot of seizure, had no liquor in his possession, and was implicated only because he owned one of the seized motorcycles, claiming he was unaware of its misuse by another individual. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further stipulated that if the petitioner is found to have more than two prior cases, the bail would not be confirmed, whereas confirmation would follow if only two antecedent cases are verified.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged under the IPC and Bihar Excise Act.
- Whether the petitioner’s ownership of a seized vehicle, without possession of the contraband, suffices to justify denial of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent, if exceeding two cases, should preclude confirmation of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 272, 273, 34, 414
Subjects
- anticipatory bail
- liquor seizure
- IPC
- Bihar Excise Act
- criminal antecedent
- provisional bail
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26600 of 2026
Arising Out of PS. Case No.-77 Year-2022 Thana- DEODHA District- Madhubani
======================================================
Md. Rahamtullah@ Rahamtulla S/o Md. Rafik R/o Village - Korahiya, P.S -
Jaynagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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,
414 and 34 of the IPC and Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases and allegation is of
recovery of 360 litres of liquor from four different motorcycles.
4. Learned counsel for the petitioner submits that the
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 motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.26600 of 2026(2) dt.23-04-2026
2/3
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that Ajay would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot along with
Ram Kumar Yadav.
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. 10,000/- (Rupees
Ten Thousand) 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 Deodha P.S. Case No.
77 of 2022, 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 more than two
cases 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.26600 of 2026(2) dt.23-04-2026
3/3
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…