Patna High Court
Md. Waris KhanversusThe 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 antecedents.
Summary
The petitioner, Md. Waris Khan, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 after 85.5 litres of liquor were recovered from a truck he owned. He contended that he had no prior criminal record, was not in possession of the liquor, and was unaware that his driver had concealed the liquor in the vehicle. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a modest bond and two sureties, invoking its inherent powers under Section 482(2) of the B.N.S.S. The order further directed the trial court to verify the petitioner's antecedents, confirming bail if none are found and revoking it if any antecedent emerges.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the High Court can condition the grant of anticipatory bail on verification of the petitioner's criminal antecedents
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- liquor seizure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26625 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Md. Waris Khan Son of Md. Samad Khan Resident of Mohalla- Sataua, P.S.-
Giriyak, District- Nalanda (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) 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 85.5 litres of liquor from a truck. 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 the
seized vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
Patna High Court CR. MISC. No.26625 of 2026(2) dt.24-04-2026
2/3
implicated and at the same time will bring disrepute to his
business. It is thus submitted that the petitioner was completely
unaware that Sunny would conceal meager amount of liquor in
the truck without the knowledge of the petitioner, who was also
apprehended from the spot.
4. Learned A.P.P. 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 Giriyak (Pawapuri) P.S. Case No.32/2026,
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
Patna High Court CR. MISC. No.26625 of 2026(2) dt.24-04-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
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
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