Patna High Court
Md Rihan @ Md Rihan AnwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to specified conditions and verification of his antecedent.
Summary
The petitioner, Md Rihan, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for allegedly recovering 38.88 litres of liquor from an auto he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that his brother misused the vehicle. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500, two sureties of the same amount, and a deposit of Rs. 1,500 with the Lawyers’ Association. The order also stipulated that the trial court must verify the petitioner’s criminal antecedent, and the bail would be confirmed only if he is found to have a clean record. The court warned that any undisclosed antecedent would lead to the bail order being revoked.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the Bihar Excise Act?
- Whether the petitioner’s lack of direct possession and clean antecedent justify anticipatory bail?
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5503 of 2026
Arising Out of PS. Case No.-851 Year-2025 Thana- Excise P.S. District- Kishanganj
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Md Rihan @ Md Rihan Anwar S/o Late Nijamuddin @ Najamuddin R/o vill-
Machkuri, Thana- Kochadhaman, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
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 Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 38.880 liters of liquor from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 Auto.
It is next submitted that no prudent person would use his own
vehicle for committing an occurrence and thus would create
Patna High Court CR. MISC. No.5503 of 2026(2) dt.02-02-2026
2/3
evidence against himself and hence would get implicated, it is
further submitted that petitioner was completely unaware that
his brother, Riyaz, would misuse the vehicle in the manner as
alleged.
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 Madya
Nisedh P.S. Case No. 851 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 seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.5503 of 2026(2) dt.02-02-2026
3/3
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, undertakes to deposit an amount of Rs.
1500/- with Lawyers’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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