Created by Fuzzy Cloud

Patna High Court

Md. Waris KhanversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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.