Patna High Court
Idi FarhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions.
Summary
Idi Farhan applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with alleged offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, relating to the recovery of 19.095 litres of liquor from his motorcycle. The petitioner argued that he was not in possession of the liquor, merely the owner of the vehicle, and was unaware of any misuse. The State opposed the bail. The High Court granted provisional anticipatory bail, directing the petitioner to furnish bail bonds of Rs.5,000 each with two sureties and to deposit Rs.2,500 with the Legal Services Committee, subject to verification of his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC
- Whether ownership of the vehicle used in the alleged offence implicates the petitioner
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- vehicle ownership
- liquor seizure
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5702 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- LADANIA District- Madhubani
======================================================
Idi Farhan S/O Md. Ilyas Vill-Naya Tol Goapokhar,Bachhi,P.S-Town, Distt-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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
Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 19.095 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
Patna High Court CR. MISC. No.5702 of 2026(2) dt.03-02-2026
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his own vehicle for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Narendra would misuse the vehicle in the manner as alleged as
he was also apprehended at the spot along with Vijendra.
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.5,000/- (Rupees Five Thousand) 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 Ladaniya P. S. Case No.164 of 2025, 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 more than one case, then
Patna High Court CR. MISC. No.5702 of 2026(2) dt.03-02-2026
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it would be presumed that petitioner for the purposes of
obtaining 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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.2500/- with
Patna High Court Legal Services Committee, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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