Patna High Court
Shakil Ahamad Khan @ Shakeel Ahamad KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties, deposit, and verification of criminal antecedent.
Summary
Shakil Ahamad Khan, the owner of a vehicle from which 987.6 litres of liquor was seized, sought anticipatory bail under Section 30(a) of the Bihar Excise Act, claiming he had no knowledge of the driver’s alleged misuse and possessed a clean antecedent. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and a condition that the petitioner deposit Rs. 2,500 with the High Court Legal Services Committee. The order also stipulated that the trial court must verify the petitioner’s criminal antecedent; any undisclosed prior case would lead to revocation of the bail. If the antecedent check confirms a clean record, the provisional bail will be confirmed. The decision rests on the principle that ownership of a vehicle does not automatically implicate the owner in the alleged offence.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act despite the seizure of liquor from his vehicle.
- Whether the petitioner’s clean antecedent and lack of direct possession of the liquor justify granting anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 30
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5271 of 2026
Arising Out of PS. Case No.-262 Year-2025 Thana- Excise P.S. District- Bhojpur
======================================================
Shakil Ahamad Khan @ Shakeel Ahamad Khan Son of Khalil Khan @
Khaleel Khan Resident of Village Mohani Tola, P.S.- Bikramganj, District -
Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 987.6 litres of liquor from a truck.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated
and at the same time shall bring disrepute to his business, it is
further submitted that petitioner was completely unaware that
his driver would misuse the vehicle in the manner as alleged,
who also fled from the spot.
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, 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.
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
Prohibition & Excise PS Sadar Bhojpur at Ara FIR No. 262 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 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
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seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner 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 petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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