Patna High Court

Md. Alamgir @ Md. AlamversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted, subject to verification of the petitioner’s antecedents, in the circumstances presented.

Summary

The petitioner, Md. Alamgir, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 9.36 litres of liquor were recovered from a motorcycle he owned. He argued that he had no knowledge of the driver’s misuse of the vehicle and possessed a clean criminal record. The State opposed his request for anticipatory bail. The High Court, considering the facts, granted provisional anticipatory bail subject to a modest bail bond and two sureties, and directed the trial court to verify the petitioner’s antecedents before confirming the bail. If any prior case is found, the bail would be presumed concealed and not confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether ownership of the vehicle used in the alleged offence justifies granting anticipatory bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
vehicle ownership
clean antecedent
Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.60 of 2026
                        Arising Out of PS. Case No.-486 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
                 Md. Alamgir @ Md. Alam S/o Ibrahim @ Abu Kalam R/o Village - Malhana,
                 Ward no. 17, P.S - Amaur, District - Purnea

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dheeraj Kumar
                 For the Opposite Party/s :       Mr. Nand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 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 9.36 litres of liquor from a motorcycle. 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.60 of 2026(2) dt.13-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged.

                       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 Amaur

          P.S. Case No.486/2025, 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

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.60 of 2026(2) dt.13-01-2026
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                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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