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Patna High Court

Md SalamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions imposed.

Summary

The petitioner, Md Salam, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 8.640 litres of liquor recovered from his motorcycle. He argued that he was not in possession at the time of seizure, had a clean antecedent, and was unaware that a friend misused his vehicle. The State opposed his anticipatory bail application. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also directed verification of the petitioner’s criminal antecedent, with confirmation of bail if he is found to have a clean record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s ownership of the vehicle used in the alleged offence creates sufficient grounds to deny anticipatory bail.
  • Whether the petitioner’s alleged lack of knowledge of the offence and clean antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33182 of 2026
                  Arising Out of PS. Case No.-5 Year-2026 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Md Salam S/o Md Sabbir R/o Village- Chand Saraiya, P.S.-Piprakothi,
                 District- East Champaran
                                                                    ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nupur, Advocate
                                                  Mr. Eashita Raj, Advocate
                 For the Opposite Party/s :       Mr. Ganesh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                   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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8.640 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
Patna High Court CR. MISC. No.33182 of 2026(2) dt.14-05-2026
                                            2/3




          and, thus, would create evidence against himself and, hence,

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who also fled 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 Piprakothi P.S.

          Case No. 05 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.33182 of 2026(2) dt.14-05-2026
                                                       3/3




                     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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