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Patna High Court

Meraj AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail is granted conditionally, subject to verification of the petitioner’s antecedent and compliance with the conditions of Section 438(2) CrPC.

Summary

The petitioner, Meraj Alam, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 30(a) and 32(3) of the Excise Act, involving the recovery of 0.725 litres of liquor from a motorcycle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware that the vehicle would be misused. The State opposed the bail, contending that the vehicle was used in the commission of the offence. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his antecedents. It further held that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for offences punishable under the Excise Act.
  • Whether ownership of the vehicle used in the alleged offence precludes the grant of anticipatory bail.
  • Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • clean antecedent
  • bail conditions
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33517 of 2026
                     Arising Out of PS. Case No.-621 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Meraj Alam S/O Sayeedul Haque Resident of Chunamari Quazitola, P.S. -
                 Kochadhaman, District - Kishanganj

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Raj Kumar
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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

                   Sections 30(a) and 32(3) 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 0.725 litres of liquor from a motorcycle.

                                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

                   motorcycle. It is next submitted that no prudent person would

                   use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.33517 of 2026(2) dt.14-05-2026
                                            2/3




          create evidence against himself and hence, would get

          implicated. It is further submitted that petitioner was completely

          unaware that Farhad Alam would misuse the vehicle in the

          manner as alleged as he was also apprehended at the spot along

          Md. Samas Rabbani.

                       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

          Special Case No.655 of 2023 arising out of Excise P. S. Case

          No.621 of 2023, 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
               Patna High Court CR. MISC. No.33517 of 2026(2) dt.14-05-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         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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