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Patna High Court

NafeesversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.43338 of 2026(2) dt.02-07-2026
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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
              Patna High Court CR. MISC. No.43338 of 2026(2) dt.02-07-2026
                                                          3/3




                        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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