Patna High Court

Sayad Ejazullah Hafifi @ Sayad Ejazullah HabibiversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

The petitioner, Sayad Ejazullah Hafifi, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 232.410 litres of liquor from a vehicle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that another individual misused his vehicle. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail may be revoked; otherwise, the provisional order will be confirmed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s ownership of the vehicle, without possession of the liquor, justifies anticipatory bail

Subjects

anticipatory bail
Bihar Excise Act
Section 30
vehicle ownership
criminal antecedent
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30862 of 2026
                 Arising Out of PS. Case No.-85 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Sayad Ejazullah Hafifi @ Sayad Ejazullah Habibi S/o Sayad Ekhlas Ahmad
                 Resident of village - Chakhafif, Ward No.12, P.S. - Musrigharari, District -
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Raj Kumar
                 For the Opposite Party/s :     Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026               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 232.410 litres of liquor from a car.

                             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.30862 of 2026(2) dt.07-05-2026
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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 Nitish would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Ashwani.

                   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 Kochadhaman P.S. Case No. 85 of 2024 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.30862 of 2026(2) dt.07-05-2026
                                                          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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