Patna High Court
Muntasir AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedents and compliance with the stipulated conditions.
Summary
Muntasir Alam, the owner of a motorcycle from which 11.250 litres of liquor was recovered, was charged under Sections 272, 273, 414 and 34 of the IPC and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act, 2022. He applied for anticipatory bail, arguing that he had a clean antecedent, was unaware of his friend’s misuse of the vehicle, and that no liquor was found in his personal possession. The State opposed the bail. The Patna High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately. The order is subject to the provisions of Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor possession and vehicle ownership.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 41, 47
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 272, 273, 34, 414
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- provisional bail
- IPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37129 of 2026
Arising Out of PS. Case No.-398 Year-2023 Thana- BAISI District- Purnia
======================================================
Muntasir Alam S/o Md. Zafir Khan @ Jafir Khan Resident of Village -
Mankol, P.S. - Srinagar, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bidhu Ranjan
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner Ms. Diksha
Kumari and learned A.P.P. for the State Mr. Chandra Bhushan
Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 272, 273,
414, 34 of the IPC and Sections 30(a), 41 and 47 of Bihar
Prohibition and Excise Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 11.250 litres of liquor from a motorcycle. It is next
submitted 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 vehicle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.37129 of 2026(2) dt.29-06-2026
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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 the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged who also fled from the spot.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender 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 Baisi P.S. Case No.398/2023, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.37129 of 2026(2) dt.29-06-2026
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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)
amit/-
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