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Patna High Court

Md. Naeem @ Naeem MansuriversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Md. Naeem Mansuri, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic and S... Act and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 15 litres of liquor 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, arguing that the information against him came from a local person and a chawkidar without proper investigation. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent within six weeks. If more than one antecedent case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offences under Sections 274, 275 of the Bihar Narcotic and S... Act and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged lack of conscious possession and ownership of the seized vehicle negates the basis for arrest.
  • Whether the petitioner’s criminal antecedent, if more than one case, should preclude confirmation of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise law
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.460 of 2026
                    Arising Out of PS. Case No.-194 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Md. Naeem @ Naeem Mansuri S/o- Md. Mokhtar @ Mukhtar Mansuri @
                 Mukhatar Miya@ Md. Mukhtar Resident of Village- Bochahi, Police Station-
                 Madhepur, District- Madhubani.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Soban Asghar, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 Sections 274 and

                   275 of the BNS as well as Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 15 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

                   the implicated at the instance of the local person and Chawkidar
Patna High Court CR. MISC. No.460 of 2026(2) dt.15-01-2026
                                            2/3




          but then it is submitted that if the Chawkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to the institution of the instant FIR

          which casts an aspersion on the case of the prosecution and the

          name of the person who disclosed the name of the petitioner is

          not disclosed in the FIR which further 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, secret information or confessional

          statement 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 for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5,000/- (Rupees Five 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

          Madhepur P.S. Case No. 194 of 2025, subject to the conditions
           Patna High Court CR. MISC. No.460 of 2026(2) dt.15-01-2026
                                                       3/3




                     as laid down under Section 438 (2) of the Cr.P.C./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 if

                     it is found that petitioner has antecedent of more than one case,

                     it would be presumed that petitioner had concealed 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 one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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