Patna High Court

JamaludinversusThe State of Bihar

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

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Jamaludin, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 42 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, the liquor was not found in his immediate possession, and he was unaware that others (Saddam and Saif) would misuse his vehicle. The State opposed his request for anticipatory bail. The Court considered these submissions and, under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, pending verification of his antecedents. The order stipulated that if any prior case is discovered, the bail would be revoked, but if his antecedents are clean, the bail would be confirmed. The decision reflects the Court's discretion to balance the presumption of innocence with the need to ensure compliance with the law.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act and Section 482(2) of the BNSS
Whether the ownership of the vehicle used in the alleged offence justifies denial of anticipatory bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise offence
vehicle ownership
clean antecedent
Section 30
Section 482
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29679 of 2026
                     Arising Out of PS. Case No.-125 Year-2025 Thana- EXCISE ARERAJ District- East
                                                       Champaran
                 ======================================================
                 Jamaludin S/o Moharam Miya R/o Village- Mangalpur, P.S.-Dumariyaghat,
                 District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhandev Kumar
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 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.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 42 litres of liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.29679 of 2026(2) dt.05-05-2026
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          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Saddam would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Saif.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     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 Excise Areraj P.S. Case No. 125 of 2025

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.29679 of 2026(2) dt.05-05-2026
                                                          3/3




                        confirmed, but after verification if 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)
Sumit/-

U         T

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