Patna High Court
Abdul WadudversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
Abdul Wadud was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged recovery of 45 litres of liquor from a motorcycle. He argued that the motorcycle had been stolen before the incident, that no liquor was found in his conscious possession, and that he has a clean criminal record. The State opposed his application for anticipatory bail. The Court, after hearing both sides, granted provisional anticipatory bail under Section 438(2) of the Criminal Procedure Code, requiring a bail bond of Rs.500 and two sureties, and directed verification of his antecedents. The order further provides that the bail will be cancelled if any prior case is discovered, otherwise it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise Act.
- Whether the facts of a stolen vehicle and lack of conscious possession justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 438
- clean antecedent
- stolen vehicle
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72472 of 2025
Arising Out of PS. Case No.-972 Year-2024 Thana- Excise P.S. District- Kishanganj
======================================================
Abdul Wadud S/O Rahman Baks R/O Vill.- Ghiagaon, Thana- Pothia,
District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, A.P.P.
======================================================
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
32(3) of the 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 45 litres of liquor from a motorcycle.
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 came to be implicated based on the fact that he is
owner of the seized vehicle. It is next submitted that motorcycle
of the petitioner was stolen prior to the occurrence for which
Patna High Court CR. MISC. No.72472 of 2025(3) dt.07-01-2026
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Islampur P.S. Case No. 811 of 2024 was registered. It is also
submitted that this amply demonstrates that how the police in a
mechanical manner even without holding a proper investigation
of the case implicate innocent citizen.
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
Kishanganj Excise P.S. Case No. 972 of 2024 giving rise to
Special Case No. 989 of 2024, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C.
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
Patna High Court CR. MISC. No.72472 of 2025(3) dt.07-01-2026
3/3
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.
(Satyavrat Verma, J)
Kundan/-
U T
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