Patna High Court
Md. JabbarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, subject to verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Md. Jabbar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 108 litres of liquor were recovered from a motorcycle. He contended that he was not arrested on the spot, had no conscious possession of the liquor, and was not the owner of the vehicle, asserting that the informant’s name was omitted from the FIR. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent. It further stipulated that if more than three prior cases are found, the bail would not be confirmed; if only three, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged lack of possession and ownership of the seized vehicle precludes arrest.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise offence
- seizure of liquor
- criminal antecedent
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 438 CrPC
- Section 482 B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38458 of 2026
Arising Out of PS. Case No.-422 Year-2025 Thana- RAGHOPUR District- Supaul
======================================================
Md. Jabbar S/o Md. Janif @ Janif Miya Resident of Village - Simarhi, P.S.
-Raghopur, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 108 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 is not the owner of the seized vehicle and came to
be implicated at the instance of the local person but then the
name of the person who disclosed the name of the petitioner is
Patna High Court CR. MISC. No.38458 of 2026(2) dt.18-06-2026
2/3
not disclosed in the FIR which casts an aspersion on the case of
the prosecution. It is next submitted that once an accused is
implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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.15,000/-
(Rupees Fifteen Thousand) 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 Raghopur P.S.
Case No. 422 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 more than
three cases, it would be presumed that petitioner had concealed
Patna High Court CR. MISC. No.38458 of 2026(2) dt.18-06-2026
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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 has antecedent of only three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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