Patna High Court
Md. Tauheed Parwez Alam @ Md. Tauheed Parwez Alam AnsariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Md. Tauheed Parwez Alam, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 8.25 litres of liquor recovered from a motorcycle he owned. He argued that he had a clean antecedent, was not in actual possession at the time of seizure, and was unaware that another person, Raushan Kumar, misused his vehicle. The State opposed the bail, contending that the offences were cognizable. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties, verification of the petitioner’s antecedent, and a deposit of Rs.1,500 with the Patna High Court Advocate Association. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise Act, 2016.
- Whether ownership of the vehicle from which liquor was recovered suffices to justify arrest and denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- possession of liquor
- clean antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3599 of 2026
Arising Out of PS. Case No.-147 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Md. Tauheed Parwez Alam @ Md. Tauheed Parwez Alam Ansari Son of
Akhter Hussain Ansari @ Akhtar Hussain Ansari @ Akhtar Ansari Resident
of Village- Mahuwa Khura Thana, Sarle, P.S.- Burmu, District- Ranchi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priya Ranjan, Advocate
Mr. Sudeep Kumar, Advocate
Ms. Chandni Kumari, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 offences punishable under Sections 30(a) and
32(3) 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 8.25 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
Patna High Court CR. MISC. No.3599 of 2026(2) dt.29-01-2026
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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 Raushan Kumar would misuse the
vehicle in the manner as alleged who was also apprehended
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 Excise
Thana Sherghati Gaya Case No. 147 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
Patna High Court CR. MISC. No.3599 of 2026(2) dt.29-01-2026
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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
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 within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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