Patna High Court
Talib Ali @ Taleb AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with bail conditions.
Summary
Petitioner Talib Ali was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 855 litres of liquor from a pickup vehicle he owned. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware that the driver Abdur Rajjak misused his vehicle. The State opposed his anticipatory bail application. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is found, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged involvement in a prohibition offence.
- Whether the petitioner’s ownership of the vehicle, without possession of the liquor, suffices to deny culpability.
- Whether the court may condition anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- vehicle ownership
- clean antecedent
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59765 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- BAIRGACHHAI District- Araria
======================================================
Talib Ali @ Taleb Ali S/o- Nur Rahman Village- Haldibari Ps Dist- Dubri
Assam
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) 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 855 litres of liquor from a pickup 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,
would create evidence against himself and hence, would get
Patna High Court CR. MISC. No.59765 of 2025(3) dt.06-01-2026
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implicated and, at the same time, shall bring disrepute to his
business. It is further submitted that petitioner was completely
unaware that Abdur Rajjak would misuse the vehicle in the
manner as alleged who was apprehended from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge Excise-I, Araria in connection with Bairgachhi
P.S. Case No.26 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.59765 of 2025(3) dt.06-01-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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