Patna High Court
Sabir @ Md. Sabir Siddiqui @ Sahid SiddiqueversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Sabir Siddiqui, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 81 litres of liquor from an auto and a motorcycle. He was not arrested at the spot and no liquor was found in his possession; the prosecution’s case relied on secret information. The petitioner, having one prior case (later clarified by a supplementary affidavit), sought anticipatory bail, which the State opposed. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents, stating that if more than two prior cases are found, the bail would not be confirmed. The order also directed the office to attach the supplementary affidavit to the record.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the petitioner’s criminal antecedents affect the grant and confirmation of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7551 of 2026
Arising Out of PS. Case No.-2116 Year-2025 Thana- Excise P.S. District- East Champaran
======================================================
Sabir @ Md. Sabir Siddiqui @ Sahid Siddique Son of Sakil main @ Md.
Shakil Resident of Village - Jeodhara, P.S. - Piprakothi, District - East
Champaran(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-04-2026 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 (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases but inadvertently at Para-
3 it was pleaded that petitioner has antecedent of one case under
the Excise Act, as such supplementary affidavit has been filed.
and allegation is of recovery of 81 litres of liquor from an auto
and a motorcycle. 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 any of the seized
Patna High Court CR. MISC. No.7551 of 2026(2) dt.15-04-2026
2/3
vehicle and he came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation.
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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten 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 Excise P.S. Case No.2116/2025, 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 more than
two cases, 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 two
cases, in that event the provisional anticipatory bail order shall
Patna High Court CR. MISC. No.7551 of 2026(2) dt.15-04-2026
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be confirmed forthwith.
7. The office is directed to trace the supplementary
affidavit and tag the same with the record of the instant
anticipatory bail application.
(Satyavrat Verma, J)
amit/-
U T
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