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Patna High Court

Tajim HussainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner, subject to conditions and verification of his antecedent.

Summary

The petitioner, Tajim Hussain, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 203.76 litres of liquor from his Mahindra XUV vehicle. He contended that he had a clean criminal record, was not present at the spot of seizure, and that his driver, who fled, had misused the vehicle without his knowledge. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act involving alleged possession of liquor.
  • Whether ownership of the vehicle used for the alleged offence suffices to attract criminal liability.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession of liquor
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33564 of 2026
                 Arising Out of PS. Case No.-182 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Tajim Hussain S/o Azhar Ali @ Ajhar Ali R/o Village -Siliguri Car World
                 Milestone Building Check Post Siliguri, P.S. - Siliguri, Dis. - Darjeeling(WB)
                 at present R/o Village - Chakla Ghat Ward no. 2, P.S. and Dist. - Kishanganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajeev Ranjan
                 For the Opposite Party/s :      Mr. Khurshid Anwar
                 ======================================================
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 203.76 liters of liquor from a Mahindra XUV

                   vehicle.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.33564 of 2026(2) dt.14-05-2026
                                            2/3




          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 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, 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

          Kochadhaman P.S. Case No. 182 of 2026 subject to the

          conditions as laid down under Section 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 in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this
            Patna High Court CR. MISC. No.33564 of 2026(2) dt.14-05-2026
                                                        3/3




                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if 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)
Rishabh/-

U      T


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