Patna High Court
Niyaz @ Md. Intezar @ Md. Intezar AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bonds, sureties, and verification of criminal antecedents as per Section 482(2) of the BNSS.
Summary
The petitioners sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act involving the alleged recovery of 164.805 litres of liquor from two motorcycles. They argued that the liquor was not in their conscious possession, they were not owners of the vehicles, and the case was based solely on a confessional statement made by Tauhid while in police custody, which they claimed lacked evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs.20,000 each with two sureties, and conditioned the order on verification of the petitioners' criminal antecedents within six weeks. If petitioner 1 is found to have more than four prior excise cases or petitioner 2 any prior case, the bail will not be confirmed; otherwise it will be confirmed. The petitioners were also directed to deposit Rs.5,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether a confessional statement made in police custody can form the sole basis for arrest.
- What conditions may be imposed on anticipatory bail concerning the petitioners' criminal antecedents.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4651 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
======================================================
1. Niyaz @ Md. Intezar @ Md. Intezar Alam son of Amerul @ Md. Amerul
Haque @ Amirul Haq Resident of Village- Mangalpur, Ps- Rauta, Dist-
Purnea
2. Parvej @ Parvej Alam @ Pravej Alam son of Idris Resident of village-
Manjhol, Ps- Rauta, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Bhagat, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of four cases under the excise act
and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 164.805 liters of liquor from two
different motorcycles.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.4651 of 2026(2) dt.31-01-2026
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was recovered from their conscious possession and are not the
owners of the seized vehicles and they came to be implicated
based on confessional statement of Tauhid in police custody
which does not have any evidentiary value. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
20,000/- (Rupees Twenty Thousand) each 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 Angarh P.S. Case No. 90 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 petitioners and
Patna High Court CR. MISC. No.4651 of 2026(2) dt.31-01-2026
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in the event if it is found that petitioner no. 1 has antecedent of
more than four cases and petitioner no. 2 has antecedent of even
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 4 has antecedent of
four cases only and petitioner no. 2 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the
petitioners, based on instruction, undertakes to deposit an
amount of Rs. 5000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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