Patna High Court
Md. Pyare KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his criminal antecedent.
Summary
The petitioner, Md. Pyare Khan, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case alleging offences under IPC Sections 272, 273 and 34 and Section 30(a) of the Excise Act, involving the recovery of 33 litres of liquor from a car he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that his friend misused the vehicle. The State opposed the bail, contending that ownership of the vehicle linked the petitioner to the alleged offence. The Court considered the submissions and directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of his criminal antecedent. The order further stipulated that if more than one prior case is found, the bail would be cancelled, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) CrPC despite being the registered owner of the vehicle from which liquor was seized.
- Whether the petitioner’s alleged lack of conscious possession and ignorance of the vehicle's misuse justify granting bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- Section 438 CrPC
- vehicle ownership
- liquor seizure
- criminal antecedent
- provisional bail
- IPC sections 272 273 34
- Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7435 of 2026
Arising Out of PS. Case No.-177 Year-2023 Thana- LAKHNAUR District- Madhubani
======================================================
Md. Pyare Khan, S/o Md. Manjur Khan @ Manjur Khan R/o vill - Laukaha,
P.S.- Laukaha, Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 272, 273 and 34 of the I.P.C. and Section 30(a) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case and allegation is of
recovery of 33 litres of liquor from a car.
4. The learned counsel for the petitioner submits 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 registered owner of the
seized car. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.7435 of 2026(2) dt.19-02-2026
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his own vehicle for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
his friend would misuse the vehicle in the manner as alleged
who also fled from the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (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 Lakhnaur P. S. Case No.177 of 2023, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
Patna High Court CR. MISC. No.7435 of 2026(2) dt.19-02-2026
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it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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