Patna High Court

Md. Efham AhmadversusThe State of Bihar

Decided: 5 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Md. Efham Ahmad, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 10.41 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, that the liquor was not found in his immediate possession, and that he was unaware that another person, Abhishek, would misuse his vehicle. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order is subject to the provisions of Section 482(2) of the B.N.S.S.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether ownership of the vehicle used in the alleged offence suffices to establish culpability.
Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
liquor seizure
vehicle ownership
Section 30(a)
Bihar Prohibition and Excise Act
criminal antecedent
Section 482(2)
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29663 of 2026
                    Arising Out of PS. Case No.-98 Year-2024 Thana- KAHALGAON District- Bhagalpur
                 ======================================================
                 Md. Efham Ahmad S/o- Md. Ikram Ahmed Village- Gorgaon PS- Hanaura
                 Distt- Godda, (Jharkhand).

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Ghosarvey
                 For the Opposite Party/s :      Mr. Rabindra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                  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 Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10.41 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 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.29663 of 2026(2) dt.05-05-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that Abhishek would misuse his vehicle in

          the manner as alleged who was also apprehended from the spot.

                       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 Kahalgaon P.S. Case No.98/2024, 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
             Patna High Court CR. MISC. No.29663 of 2026(2) dt.05-05-2026
                                                         3/3




                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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