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Patna High Court

Md Khurshid AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                     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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