Patna High Court
Md. SabirversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Md. Sabir, was implicated in a case involving the alleged recovery of 1,058.250 litres of liquor from a truck, for which he was charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that he was not in possession of the liquor and that the vehicle seized belonged to him, but was misused by others without his knowledge. 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.5,000 with two sureties and directed the trial court to verify his criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The court thus conditionally released the petitioner pending further verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor seizure and his alleged lack of direct involvement.
- Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58580 of 2025
Arising Out of PS. Case No.-81 Year-2025 Thana- KHAJANCHI HAT District- Purnia
======================================================
Md. Sabir S/o- Hamidullah Village- Damka Ps- Sadar Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 274, 275 of
BNS and Section 30(a) of Bihar Prohibition and Excise Act,
2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 1058.250 litres of liquor from a truck. 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.58580 of 2025(3) dt.06-01-2026
2/3
would create evidence against himself and hence would get
implicated and at the same time shall bring disrepute to his
business. It is also submitted that the petitioner was completely
unaware that Md. Ashik and Raushan would misuse his vehicle
in the manner as alleged who were also apprehended 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.5000/- (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 K. Hat
P.S. Case No. 81 of 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 more than
one case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.58580 of 2025(3) dt.06-01-2026
3/3
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.