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Patna High Court

Javed AliversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.

Summary

Javed Ali, the owner of a bus, was implicated in a case where 1522.92 litres of liquor were recovered from the vehicle, leading to charges under Sections 30(a), 32(i)(ii), 36 and 41(i) of the Bihar Prohibition and Excise Act, 2016-18. He applied for anticipatory bail, arguing that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that passengers were carrying the liquor. The State opposed the bail. The Court considered the submissions and, noting the petitioner’s claim of no prior criminal record, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week window for surrender before the trial court. The order also stipulated that the trial court must verify the petitioner’s antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed immediately. The decision rests on the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged liquor seizure and his claim of clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • liquor seizure
  • bus owner
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.621 of 2026
                      Arising Out of PS. Case No.-340 Year-2023 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Javed Ali S/o Yamin Ali R/o 10/128 Hamdard Nagar B, Jamalpur P.S.-
                 Aligarh, Uttar Pradesh. Permanent Address B-289, Gali No. 14, Shri Ram
                 Nagar Colony, Rajiv Nagar, P.S.- Khajuri Khas, Delhi
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivanand Singh, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  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 offences punishable under Sections 30(a),

                   32(i)(ii), 36 and 41(i) of the Bihar Prohibition and Excise Act,

                   2016-18.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 1522.920 litres of liquor from a bus.

                                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 bus. It is next submitted that no prudent person
Patna High Court CR. MISC. No.621 of 2026(2) dt.17-01-2026
                                            2/3




          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated and at the same time shall bring disrepute to his

          business. It is also submitted that petitioner being the owner was

          not aware that passengers were carrying liquor.

                       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 Kanti

          P.S. Case No. 340 of 2023, 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
           Patna High Court CR. MISC. No.621 of 2026(2) dt.17-01-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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