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Patna High Court

Sabir @ Md. Sabir Siddiqui @ Sahid SiddiqueversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                         3/3




                       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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