Patna High Court
Shaikh Tauqir Najamudin @ Sheikh Tauqir @ Najamuddin @ Md. TauqirversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to verification of the petitioner’s antecedent.
Summary
Shaikh Tauqir Najamudin applied for anticipatory bail under Section 438 of the CrPC in connection with alleged offences under Sections 272 and 273 of the IPC and Sections 30(a), 41 and 47 of the Excise Act, involving the recovery of 25.875 litres of liquor from his scooty. The petitioner argued that he had no conscious possession of the liquor, was not arrested at the spot, and was merely the owner of the vehicle, unaware of its misuse. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be withdrawn; otherwise, it would be confirmed. The application was allowed conditionally.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for the alleged offences.
- Whether mere ownership of the vehicle and lack of conscious possession preclude arrest and justify bail.
- Whether the petitioner’s antecedent record must be clean for confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 272
- IPC 273
- Excise Act
- bail conditions
- clean antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60956 of 2025
Arising Out of PS. Case No.-31 Year-2022 Thana- BAISI District- Purnia
======================================================
Shaikh Tauqir Najamudin @ Sheikh Tauqir @ Najamuddin @ Md. Tauqir
S/o- Late Md. Najamuddin Resident of Sadipur Butha PS- Baisi District-
Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Fazle Karim
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 272 and 273 of the I.P.C. and Sections 30(a), 41 and 47
of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 25.875 litres of liquor from a scooty.
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 the seized
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vehicle. It is next submitted that no prudent person 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
Sakib Hussain would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot.
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.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
Baisi P. S. Case No.31 of 2022, 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
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found that petitioner has antecedent of even one case, then 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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