Patna High Court
Md Amanullah @ AmanullahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of his criminal antecedents.
Summary
The petitioner, Md Amanullah, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning the alleged recovery of 61.2 litres of liquor from two motorcycles, one of which he owned. He argued that he was not in possession of the liquor, was unaware of his friend's alleged misuse of the vehicle, and that ownership alone should not implicate him. The State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the bail would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of a vehicle used in the alleged offence suffices to justify arrest without possession of the contraband.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67513 of 2025
Arising Out of PS. Case No.-11 Year-2022 Thana- KANHAULI District- Sitamarhi
======================================================
Md Amanullah @ Amanullah Son of Late Md Manzoor Shaikh R/o Village -
Chandni Rajwara, P.S. - Bela, District Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Murari
For the Opposite Party/s : Mr. Awadhesh Kumar Singh
======================================================
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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 61.2 litres of liquor from two motorcycles. It is next
submitted 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 one
of the motorcycles. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.67513 of 2025(3) dt.07-01-2026
2/3
implicated. It is also submitted that the petitioner was
completely unaware that his friend would misuse his vehicle in
the manner as alleged.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) 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 Kanhauli
P.S. Case No.11/2022, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
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3/3
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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