Patna High Court
Md. Noor AlamversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner subject to bail bond, sureties and verification of antecedents.
Summary
The petitioner, Md Noor Alam, the owner of a vehicle from which 259.200 litres of liquor were seized, applied for anticipatory bail, claiming he had no knowledge of the liquor being in his vehicle and possesses a clean criminal record. The State opposed the bail, arguing the seizure implicated the petitioner under the Bihar Prohibition and Excise Act, 2016. The court examined the petitioner's lack of personal possession of the liquor, his clean antecedents, and the principle that an owner is not automatically culpable for a friend's misuse of the vehicle. It granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner's antecedents by the trial court. If the trial court finds any prior case, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act, 2016.
- Whether the ownership of the vehicle used for the alleged offence makes the owner liable in the absence of personal possession of the contraband.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(i), 32(iii), 37, 41(1), 41(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle owner liability
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56445 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Md. Noor Alam S/o Late Md. Ishaque R/o Village- Bara Rehua, P.S.- Amour,
Dist.- Purnea, at present R/o New Hostel, GTCH, Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Qumrul Hoda
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 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 offence punishable under Sections 30(a), 32(i),
32(iii), 41(1), 41(2) and 37 of 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 259.200 litres of liquor from a vehicle. It is next
submitted 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 an occurrence and thus
Patna High Court CR. MISC. No.56445 of 2025(3) dt.05-01-2026
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would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged who also fled from the spot.
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 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 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 Bhabua
(Excise) P.S. Case No.29/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.56445 of 2025(3) dt.05-01-2026
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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)
amit/-
U T
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