Patna High Court
Sazzad Ali GudduversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with the conditions prescribed under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Sazzad Ali Guddu, sought anticipatory bail in a case alleging recovery of 81 litres of liquor from three motorcycles, invoking Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act. He argued that he was not arrested at the scene, had no liquor in his possession, and was implicated merely as the owner of one of the seized motorcycles, unaware of any misuse by a friend. The State opposed the bail. The Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on the furnishing of bail bonds of Rs.5,000 with two sureties and verification of the petitioner’s criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be withdrawn; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged liquor seizure under Section 317(5) B.N.S. and Section 30(a) Excise Act.
- Whether ownership of a vehicle, without possession of the contraband, suffices to justify denial of anticipatory bail.
- What conditions under Section 438(2) Cr.P.C. are appropriate for granting anticipatory bail in such circumstances.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5913 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Sazzad Ali Guddu Son of Khurshid Ansari Resident of Village- Marar
(Mohini Mandal), P.S.- Majorganj, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Ms.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 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 317(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 81 litres of liquor from three different motorcycles.
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 one of the
seized motorcycle. It is next submitted that no prudent person
Patna High Court CR. MISC. No.5913 of 2026(2) dt.30-01-2026
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would use 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 his friend would misuse the vehicle in the manner
as alleged.
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 Majorganj P. S. Case No.357 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.5913 of 2026(2) dt.30-01-2026
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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
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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