Patna High Court
Md Khurshid AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to bond, sureties and verification of his criminal antecedent.
Summary
The petitioner, Md Khurshid Alam, was implicated in a case for allegedly possessing 17.620 litres of liquor and being the owner of the vehicle from which it was recovered, offences under the Bihar Prohibition and Excise Act, 2016. He contended that he was not the owner of the car, had a clean criminal record, and that a supplementary affidavit clarified his intended purchase of the vehicle. The State opposed his anticipatory bail. The Court, after considering the petitioner’s clean antecedent and the corrective affidavit, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his criminal antecedent by the trial court. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Sections 438(2) of the Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s claim of not being the owner of the seized vehicle and his clean antecedent justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32, 41, 47
- B.N.S.S. — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- bail conditions
- clean antecedent
- liquor possession
- criminal procedure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48368 of 2026
Arising Out of PS. Case No.-210 Year-2023 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Md Khurshid Alam Son of Md Mammu Resident of Village- Bakshi Maidan,
P.S.- Patna City, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 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 Sections 30(a), 32,
41 and 47 of the Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 17.620 litres of liquor from a car. It is further
submitted that inadvertently, in the anticipatory bail application,
it has been pleaded that petitioner is owner of the seized car
when he is not for which a supplementary affidavit has been
filed. It is next submitted that owner of the car is Anshu Kumar
and the petitioner intended to purchase the car from Anshu
Kumar for which an affidavit was executed but subsequetly
Anshu Kumar refused to sell his vehicle but then utilized the
Patna High Court CR. MISC. No.48368 of 2026(2) dt.10-07-2026
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said affidavit for implicating the petitioner. It is reiterated and
submitted that petitioner is a person with clean antecedent and is
not a criminal.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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 Kochadhaman P.S.
Case No. 210 of 2023 giving rise to Special Case No. 421 of
2023, subject to the conditions as laid down under Section
438(2) of the Cr.P.C./482(2) of the B.N.S.S.
6. However, 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 even 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
Patna High Court CR. MISC. No.48368 of 2026(2) dt.10-07-2026
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shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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