Patna High Court
Md. Naushad @ NoshadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Md. Naushad, was implicated in an excise case for allegedly possessing 1.5 litres of liquor recovered from his motorcycle, under Sections 30(a) and 32(3) of the Bihar Excise Act. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that the vehicle was misused by others. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a Rs. 500 bond and two sureties, invoking its inherent powers under Section 482(2) of the BNSS. The order conditioned the trial court to verify the petitioner's criminal antecedent; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in the absence of conscious possession of the alleged contraband
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail under Section 482(2) of the BNSS
- Whether the conditions imposed by the High Court are appropriate for provisional anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- possession
- Section 482
- Bihar Excise Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31514 of 2026
Arising Out of PS. Case No.-1032 Year-2024 Thana- Excise P.S. District- Kishanganj
======================================================
Md. Naushad @ Noshad S/O Maneer @ Manir Udin Resident of village -
Jogiwara, P.S. - Chandni Chowk, District - North Delhi, Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 Sections 30(a) and
32(3) 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 1.500 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
his own vehicle for committing an occurrence and thus would
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Md Aazam would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot along with
Md. Manowar Alam.
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 P.S. Case No. 1032 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
confirmed, but after verification if it is found that petitioner is a
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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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