Patna High Court
Talib @ Md. TalibversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions of Section 438(2) CrPC.
Summary
Talib, the owner of a car from which 284 litres of liquor were seized, applied for anticipatory bail under Section 438 of the Criminal Procedure Code, alleging that he had no knowledge of the alleged offence under Section 30(a) of the Excise Act and that the driver acted without his consent. He asserted a clean criminal record and argued that he was not in possession of the liquor at the time of seizure. The State opposed the bail. The High Court, after considering the submissions, directed that Talib be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents by the trial court. The court clarified that if any prior case is discovered, the bail may be cancelled; otherwise, the provisional order will be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for the alleged offence under Section 30(a) of the Excise Act.
- Whether the petitioner’s claim of lack of knowledge and clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- Section 438
- criminal procedure
- liquor seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31251 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- THAKURGANJ District- Kishanganj
======================================================
Talib @ Md. Talib S/o Taha R/o Village - Jama Masjid Tola, P.S - Joki Hat,
District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 284 litres of liquor from a car.
4. The learned counsel for the petitioner submits 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 car. It
is next submitted that no prudent person would use his own
vehicle for committing a crime and thus, would create evidence
Patna High Court CR. MISC. No.31251 of 2026(3) dt.22-06-2026
2/3
against himself and hence, would get implicated. It is further
submitted that petitioner was completely unaware that his driver
would misuse the vehicle in the manner as alleged who also fled
from the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Special Case No.163 of 2025 arising out of Thakurganj P. S.
Case No.127 of 2025, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
Patna High Court CR. MISC. No.31251 of 2026(3) dt.22-06-2026
3/3
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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)
vikash/-
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