Patna High Court
Saddam Quraishi @ Saddam KuraishiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioner as he was not directly connected with the illicit liquor seized from his vehicle.
Summary
The petitioner, Saddam Quraishi, sought anticipatory bail after being implicated in a case (Sadar P.S. Case No. 248 of 2025) for alleged contravention of sections 30(a) and 32(3) of the Bihar Excise and Prohibition Act, based on the recovery of 42 litres of illicit country‑made liquor from a Toto (registration No. BR04ER4468) owned by him. The prosecution argued that the liquor was seized from the vehicle, making the owner liable, while the petitioner contended that he merely rented the vehicle to Mahesh Kumar, who conducted the illegal activity without his knowledge. The court noted that the actual perpetrators, Mahesh Kumar and Chhotelal Nut, had already been granted bail and that the petitioner had no criminal antecedent nor direct involvement in the liquor business. Relying on the principle that ownership alone does not constitute participation in the offence, the court was inclined to extend anticipatory bail to the petitioner. Accordingly, the court ordered that the petitioner be released on bail within four weeks upon furnishing a bail bond of Rs. 10,000 with two sureties and complying with conditions under Section 482(2) of the BNSS.
Issues considered
- What is the applicability of anticipatory bail to a vehicle owner who is not directly involved in the commission of an offence under the Bihar Excise and Prohibition Act?
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a), 32(3)
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33915 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Saddam Quraishi @ Saddam Kuraishi S/o- Mohammad Quraishi Village -
Ratanpur, P.S- Bhagwan Bazar Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhu Mala Kumari, Adv.
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Sadar P.S. Case No. 248 of 2025 for the
offence punishable under sections 30(a) and 32 (3) of the Bihar
Excise and Prohibition Act, lodged on 27.09.2025 by the
informant.
3. As per the prosecution case, there has been
recovery of 42 litres of illicit country-made liquor, allegedly
made from a Toto bearing Reg. No. BR04ER4468 during
checking near Mukrera More under Revilganj P.S., which was
being driven by Mahesh Kumar, driver of the Toto and
Chhotelal Nut and the petitioner is the owner of the said Toto.
Accordingly, the FIR.
4. Learned counsel for the petitioner submits that the
petitioner is the owner of the siezed Toto bearing Reg. No.
BR04ER4468, which was given to one Mahesh Kumar on
Patna High Court CR. MISC. No.33915 of 2026(2) dt.21-05-2026
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monthly rent of Rs. 7,500/-, to earn his livelihood. It is the case
of the petitioner that Mahesh Kumar, without informing this
petitioner, was involved in the seized illicit country-made liquor
business for which he was apprehended along-with Chhotelal
Nut by the Police and presently, both of them have been granted
the privilege of bail vide Cr. Misc. No. 86195/2025 dated
15.12.2025 & Cr. Misc. 86784/2025 dated 16.12.2025.
5. Learned APP opposes the prayer submitting that
there the recovery of the illicit country-made liquor has been
made from the Toto and the petitioner is the owner of the
vehicle in question.
6. Considering the fact that the persons who were
apprehended with the seized illicit liquor have already been
granted the privilege of bail and this petitioner merely being the
owner of the said Toto and is no way connected with the seized
illicit country-made liquor and has got no criminal antecedent,
this Court is inclined to extend him the privilege of anticipatory
bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
Patna High Court CR. MISC. No.33915 of 2026(2) dt.21-05-2026
3/3
each to the satisfaction of learned Exclusive Special Excise
Court No. 03, Saran at Chapra in connection with aforesaid PS
Case, subject to the conditions as laid down under Section
482(2) of the BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his bail bond by
the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
perwez/suryadev (Ajit Kumar, J)
U T
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