Patna High Court
NafeesversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents.
Summary
The petitioner, Nafees, was implicated in an alleged seizure of 1,100.1 litres of liquor from a pickup van, under Section 30(a) of the Bihar Excise Act. He argued that he was not present at the spot, had no conscious possession of the liquor, and was unaware that the vehicle was misused by another individual. The State opposed his request for anticipatory bail. The High Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail on a bond of Rs. 500 with two sureties, subject to verification of his criminal record by the trial court. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, suffices to deny culpability.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- Section 30
- Section 482
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43338 of 2026
Arising Out of PS. Case No.-312 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Nafees Son of Riyajuddin Resident of Nagla Patwari Gali No. 6, P.S.- Quarsi,
District-Aligarh (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Prakash
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 1100.1 litres of liquor from a pickup van.
4. Learned counsel for the petitioner submits that the
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 use
his own vehicle for committing an occurrence and thus would
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create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Devraj would misuse the vehicle in the manner as alleged,
who was also apprehended from the spot along with Kishtura.
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, 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 Bachhwara P.S. Case No. 312 of 2025, subject
to the conditions as laid down under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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