Created by Fuzzy Cloud

Patna High Court

Istekhar Alam @ Ishtakhar Alam @ Mohammad Istekhar @ IstekharversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.