Patna High Court
Md. JahirversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Jahir, sought anticipatory bail fearing arrest in a case alleging possession of 796.8 litres of liquor recovered from a Mahindra pick‑up, with charges under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act, 2016 sections 30(a), 36 and 41. He contended he had a clean antecedent, was not arrested on the spot, did not have the vehicle in his possession and was implicated only on a confessional statement of co‑accused Zakir Hussain, which he argued lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 500 with two sureties, a condition that the trial court verify his antecedent, and a further undertaking to deposit Rs 1,500 with the Patna High Court Advocate Association. The order stipulated that if any antecedent is found, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation. The petition for anticipatory bail was thus disposed in favour of the petitioner.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations under IPC and the Bihar Prohibition and Excise Act
- Whether the confessional statement of a co‑accused made in police custody can form the basis for arrest and denial of bail
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 36, 41
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- confessional statement
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6688 of 2026
Arising Out of PS. Case No.-652 Year-2017 Thana- PURNEA SADAR District- Purnia
======================================================
Md. Jahir S/o- Late Taslim @ Chattu @ Late Taslim Md. Resident of village-
Gowal Toli, More Kantivita P.S- Fansideba District- Darjeeling W.B
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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 272 and
273 of the Indian Penal Code as well as Sections 30(a), 36 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 796.8 litres of liquor from a Mahindra Pick-up.
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 is not the owner of the seized vehicle and came to
be implicated based on the confessional statement of Zakir
Hussain in police custody which does not have any evidentiary
Patna High Court CR. MISC. No.6688 of 2026(2) dt.04-02-2026
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value in the eye of law.
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 Sadar
P.S. Case No. 652 of 2027, 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
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
Patna High Court CR. MISC. No.6688 of 2026(2) dt.04-02-2026
3/3
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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