Patna High Court
Md. Rakim @ Md. Rakim AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Md. Rakim Ali, was implicated in an excise case for allegedly possessing 4.52 litres of liquor recovered from a motorcycle he owned. He argued that he had a clean antecedent, was not in actual possession of the liquor, and was unaware that his friend misused the vehicle. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code in relation to the Bihar Excise Act offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in the context of alleged possession of liquor under the Bihar Excise Act.
- Whether the petitioner’s lack of actual possession and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 482
- possession
- clean antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66901 of 2025
Arising Out of PS. Case No.-365 Year-2025 Thana- Excise P.S. District- Purnia
======================================================
Md. Rakim @ Md. Rakim Ali S/o- Jamal Ali Resident of Sandalpur PS-
Korha District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Niharika Rani, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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) and
47 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 4.52 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.66901 of 2025(3) dt.07-01-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the place of occurrence.
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, 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 Excise
P.S. Case No. 365 of 2025 subject to the conditions as laid down
under Section 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
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.66901 of 2025(3) dt.07-01-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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