Patna High Court
Noor Kalim Mian @ Nur Kalim MiyaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of his antecedent and compliance with the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Noor Kalim Mian, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 18.9 litres of liquor recovered from a motorcycle he owned. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was unaware that his brother used the vehicle for the alleged offence. The State opposed his application for anticipatory bail. The Court considered the petitioner's clean antecedent and the circumstances of the seizure, and ordered provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, pending verification of his criminal record by the trial court. If the trial court finds any antecedent, the bail will not be confirmed; if he is found to have a clean record, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling (B.N.S.S.) Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the seizure and the petitioner's alleged lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- liquor seizure
- vehicle ownership
- clean antecedent
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37622 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- MAHUAWA District- East Champaran
======================================================
Noor Kalim Mian @ Nur Kalim Miya Son of Lal Mohammad Mian Resident
of Village - Raghunathpur PS - Chhauradano @ Chauradano Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ataul Haque, Advocate
Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 18.9 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
person would use his own vehicle for committing an occurrence
Patna High Court CR. MISC. No.37622 of 2026(2) dt.17-06-2026
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and, thus, would create evidence against himself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that his brother, namely, Noor Salam Alam
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 appearing on behalf of the petitioner, let 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 Mahuawa P.S. Case
No. 125 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, 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 would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.37622 of 2026(2) dt.17-06-2026
3/3
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.
(Satyavrat Verma, J)
Kundan/-
U T
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