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Patna High Court

Md. JahirversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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