Patna High Court
Ful Mohammad @ Md. Wasim AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to specified conditions, under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Ful Mohammad (Md. Wasim Alam), feared arrest in a case (PS‑Dagarua Case No. 288 of 2025) for allegedly possessing 8.250 litres of liquor recovered from an auto, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He asserted that he has a clean antecedent, was not in actual possession at the time of seizure, and that the vehicle’s driver acted without his knowledge. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 500 with two sureties, a deposit of Rs 1,500 with the Patna High Court Advocate Association, and verification of the petitioner’s criminal antecedent, invoking Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s lack of actual possession and clean antecedent justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS are appropriate.
Legislation cited
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- Section 438(2) Cr.P.C.
- Section 482(2) BNSS
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3327 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- DAGARUA District- Purnia
======================================================
Ful Mohammad @ Md. Wasim Alam Son of Md Jamil Alam Resident of
village- Lasanpur, PS - Dagarua, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8.250 litres of liquor from an auto.
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.3327 of 2026(2) dt.28-01-2026
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would get implicated. It is also 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. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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 Dagarua
P.S. Case No. 288 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 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 shall not be
confirmed but if it is found on verification that petitioner is a
Patna High Court CR. MISC. No.3327 of 2026(2) dt.28-01-2026
3/3
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1,500/- with the Advocate Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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