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Patna High Court

Abdul WadudversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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