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Patna High Court

Md. Noor AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                       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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