Patna High Court
Tajmul HaqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties and verification of the petitioner’s antecedent.
Summary
The petitioner, Tajmul Haque, was implicated in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of five litres of liquor from a motorcycle he owned. He argued that he had a clean antecedent, was not arrested at the spot, and was unaware that another person, Pramod Kumar Yadav, misused his vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties, subject to verification of the petitioner’s criminal antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the petitioner’s clean antecedent and lack of direct possession of the liquor justify bail
- What conditions, if any, should be imposed on the anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 47
- Section 438
- Section 482
- clean antecedent
- vehicle ownership
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31905 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
Tajmul Haque Son of Gyasuddin Resident of village - Begumpur, P.S.- K.
Nagar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Anand, Advocate
For the Opposite Party/s : Ms. Asha Kumari, A.P.P.
======================================================
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
47 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 5 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner 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,
Patna High Court CR. MISC. No.31905 of 2026(2) dt.12-05-2026
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would get implicated. It is also submitted that petitioner was
completely unaware that Pramod Kumar Yadav would misuse
the vehicle in the manner as alleged who was also apprehended
from the spot.
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 appearing on behalf of the petitioner, let 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. 36 of 2026, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.31905 of 2026(2) dt.12-05-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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