Patna High Court
Istekhar Alam @ Ishtakhar Alam @ Mohammad Istekhar @ IstekharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The application for anticipatory bail is allowed, with provisional bail granted subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Istekhar Alam, sought anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 27 litres of liquor were recovered from his car. He argued that he had a clean antecedent, was not present at the time of seizure, and was unaware that his driver misused the vehicle. The State opposed the bail, contending that the seizure implicated the owner. The Court considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2). The order was made conditional on verification of the petitioner’s antecedent by the trial court, with confirmation if no prior cases are found and cancellation if an antecedent is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged contravention of Section 30(a) of the Excise Act.
- Whether the ownership of the vehicle and the recovery of liquor from it constitute sufficient grounds to deny anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32451 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- KUWARI District- Araria
======================================================
Istekhar Alam @ Ishtakhar Alam @ Mohammad Istekhar @ Istekhar Son of
Md. Sadre Resident Of Village -Garaiya Lelokhar Ward Nu 12 Ps- Kuwari
Distirct -Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Ms.Meena 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 27 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
Patna High Court CR. MISC. No.32451 of 2026(3) dt.22-06-2026
2/3
vehicle for committing a crime and thus, would create evidence
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
Kuwari P. S. Case No.20 of 2026, 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.32451 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/-
U T
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