Created by Fuzzy Cloud

Patna High Court

Md. NasirversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Md. Nasir, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 320 litres of liquor from an auto. He contended that he was merely a passenger who lost his mobile, which was later found in the seized vehicle, and that he had no conscious possession of the liquor nor ownership of the auto. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a condition to deposit Rs.1500 with the Advocates’ Association, pending verification of his criminal antecedents. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner’s alleged connection to the seized liquor through his mobile phone suffices for arrest under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • mobile phone evidence
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6801 of 2026
                    Arising Out of PS. Case No.-420 Year-2025 Thana- AAJAM NAGAR District- Katihar
                 ======================================================
                 Md. Nasir S/o Md. Kalan @ Kalan R/o Rampur, Porla, P.S.- Azamnagar,
                 Distt.- Katihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh
                 For the Opposite Party/s :       Mr. Ram Anurag Singh
                 ======================================================
                 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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 320 litres of liquor from an auto.                      It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and is not

                   the owner of the seized auto and he came to be implicated based

                   on the fact that his mobile was recovered from the seized auto.

                   It is also submitted that police in mechanical manner is trying to

                   implicate the petitioner. It is submitted that petitioner as a
Patna High Court CR. MISC. No.6801 of 2026(2) dt.04-02-2026
                                            2/3




          passenger was travelling in the auto and he lost his mobile and

          he came to be implicated.

                       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.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

          Azamnagar. P.S. Case No.420/2025, 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 even 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 is a person with clean

          antecedent, in that event the provisional anticipatory bail order
             Patna High Court CR. MISC. No.6801 of 2026(2) dt.04-02-2026
                                                         3/3




                       shall be confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioner

                       based on instruction submits that petitioner undertakes to

                       deposit an amount of Rs.1500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.