Patna High Court
Md. AftabversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of criminal antecedent.
Summary
The petitioners, Md. Aftab and Manish Kumar, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for allegedly possessing 6.945 litres of liquor recovered from a house that is joint family property of petitioner No. 2. They argued that no liquor was found in their conscious possession, they were not arrested at the spot, and they have clean antecedents. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs. 500 and two sureties of the same amount, and directed the trial court to verify the petitioners' criminal antecedents, with the bail to be confirmed if no antecedent is found and cancelled if an antecedent is discovered. The order is conditioned on compliance with Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under the Bihar Excise Act for alleged possession of illicit liquor.
- Whether the absence of conscious possession and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession of liquor
- joint family property
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28404 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- Excise P.S. District- Begusarai
======================================================
1. Md. Aftab S/O Late Gujo Khalifa @ Gujo Khalifa R/O Village- Patel
Chowk, Hariom Nagar, Ward No. 02, P.S.- Ballia, District- Begusarai.
2. Manish Kumar @ Rajeev Ranjan S/O Adhik Lal Mahto R/O Village- Patel
Chowk, Hariom Nagar, Ward No. 02, P.S.- Ballia, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam
For the Opposite Party/s : Mr.Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 6.945 litres of liquor from the house of petitioner
no. 2.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and the house in
Patna High Court CR. MISC. No.28404 of 2026(2) dt.29-04-2026
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question is a joint family property of petitioner no. 2 as such it
cannot be alleged with certainty that it was petitioner no. 2 who
had kept the liquor in the house or the liquor kept in the house
was within his knowledge. It is next submitted that petitioner
no. 1 does not have any relation with petitioner no. 2 and they
came to be implicated at the instance of local people, but then it
is submitted that it does not appear probable that local person
would have known who had concealed the liquor in the house.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each
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 Excise P.S. Case No. 552 of 2025, subject to
the conditions as laid down under Section Section 482(2) of the
BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
Patna High Court CR. MISC. No.28404 of 2026(2) dt.29-04-2026
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case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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