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Patna High Court

Md. Mojahid @ MojahiddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Md. Mojahid, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for allegedly possessing 43.5 litres of liquor recovered from his motorcycle. He contended that the vehicle was stolen and he had no conscious possession of the liquor, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and that the trial court verify his antecedents. The order is subject to Section 482(2) of the B.N.S.S., and if any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • vehicle theft
  • clean antecedent
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28112 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- DHORAIYA District- Banka
                 ======================================================
                 Md. Mojahid @ Mojahiddin S/o- Md. Alauddin Resident of Village-Shekhu,
                 P.S- Mahagama, District-Godda Jharkhand
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar Jha
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  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 offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 43.50 litres of liquor from a motorcycle. 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 the vehicle was stolen for which

                   Dhoraiya P.S. Case No.268/2025 dated 04.10.2025 was instituted

                   against unknown accused but then police in mechanical manner

                   investigates and implicates.
           Patna High Court CR. MISC. No.28112 of 2026(2) dt.28-04-2026
                                                       2/2




                                  4. Learned A.P.P. for the State 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 Dhoraiya

                     P.S. Case No.05/2026, 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 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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