Patna High Court
Masrekul @ Masrekul Alam @ Masreful AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, with the bail to be confirmed if no prior case is found.
Summary
Masrekul Alam, a resident of Kishanganj, was implicated in a case under Section 30(a) of the Excise Act for the alleged recovery of 2,850.480 litres of liquor from a truck. He applied for anticipatory bail, asserting a clean criminal record and that the seized liquor was not in his conscious possession nor was he the owner of the truck. The State opposed the bail. The Patna High Court, considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The court also ordered verification of his antecedent, stating that any prior case would lead to cancellation of the bail, whereas a clean record would confirm it.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Excise Act
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30
- clean antecedent
- provisional bail
- Section 438
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43352 of 2026
Arising Out of PS. Case No.-368 Year-2025 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Masrekul @ Masrekul Alam @ Masreful Alam Son of Sakir Alam @ Sakir
Resident of Village- Dey Market, Ward No. -02, P.S.- Kochadhaman, District-
Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 2850.480 litres of liquor from a truck.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized truck and he came to be implicated based on secre
information, which is the easiest way to implicate someone
Patna High Court CR. MISC. No.43352 of 2026(2) dt.03-07-2026
2/3
without holding a proper investigation, when admittedly
petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Special Case No.228 of 2025 arising out of Kochadhaman P. S.
Case No.368 of 2025, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his antecedent before this Court,
Patna High Court CR. MISC. No.43352 of 2026(2) dt.03-07-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
vikash/-
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