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Patna High Court

MD. IZHARUL ISLAMversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted subject to strict conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Md Izharul Islam, owner of a pickup vehicle, was implicated in a case alleging the recovery of 1,074.420 litres of liquor from his vehicle, violating Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016. He applied for anticipatory bail, asserting a clean criminal record and claiming he was unaware of his driver’s alleged misuse of the vehicle. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, verification of the petitioner’s antecedent, and a deposit of Rs.1,500 with the Advocate Association. The order is conditioned on Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and may be revoked if a prior case is discovered. The court directed that the trial court verify the antecedent and confirm the bail if the petitioner is found to have a clean record.

Issues considered

  • Whether anticipatory bail is appropriate in a case involving alleged possession of liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2016.
  • Whether ownership of the vehicle used for the alleged offence justifies granting anticipatory bail.
  • What conditions may be imposed under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6063 of 2026
                      Arising Out of PS. Case No.-138 Year-2025 Thana- KEWATI District- Darbhanga
                 ======================================================
                 MD. IZHARUL ISLAM Son of Md. Kamruddin Resident of Village - Hijla
                 Baisi, P.S.- Baisi, District - Purnea.
                                                                      ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Achintya Anand, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 offences punishable under Sections 30(a) and

                   41 of the 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 1074.420 litres of liquor from a pick-up vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner 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
Patna High Court CR. MISC. No.6063 of 2026(2) dt.03-02-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that his driver would misuse the vehicle in

          the manner as alleged who also fled from the spot.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let the petitioner above-named, in the

          event of his arrest or surrender before the learned trial court

          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 Keoti

          P.S. Case No. 138 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed his antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be

          confirmed but if it is found on verification that petitioner is a
           Patna High Court CR. MISC. No.6063 of 2026(2) dt.03-02-2026
                                                       3/3




                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.1,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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