Patna High Court
Ashan NijamiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Ashan Nijami, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 9.250 litres of liquor from his motorcycle. 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 vehicle would be misused. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
- Whether ownership of the seized vehicle implicates the petitioner in the offence.
- What conditions should be imposed on the provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail conditions
- criminal antecedent
- vehicle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55864 of 2025
Arising Out of PS. Case No.-187 Year-2022 Thana- Excise P.S. District- Banka
======================================================
Ashan Nijami S/O Md. Nijamuddin Resident of village- Daffarpur, P.S.-
Barahat, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Mishra
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 9.250 litres of liquor from a motorcycle.
4. The learned counsel for the petitioner submits that
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
his own vehicle for committing a crime and thus, would create
Patna High Court CR. MISC. No.55864 of 2025(3) dt.05-01-2026
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evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Saurav would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Banka P. S. Case No.187 of 2022, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
Patna High Court CR. MISC. No.55864 of 2025(3) dt.05-01-2026
3/3
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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