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Patna High Court

Zubair AlamversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted where the petitioner has a clean antecedent and no direct possession of the contraband, subject to verification of antecedents under Section 482(2).

Summary

The petitioner, Zubair Alam, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for the alleged recovery of 375 ml of liquor from his Baleno car. He argued that he had no conscious possession of the liquor, that he was unaware of any misuse of his vehicle, and that he has a clean criminal antecedent. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of his antecedents under Section 482(2) of the B.N.S.S. The order directs that if any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor possession in his vehicle.
  • Whether the petitioner’s clean antecedent and lack of direct possession justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7634 of 2026
                     Arising Out of PS. Case No.-745 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Zubair Alam Son of Md. Mohsin Ali Resident of Borha Millik, P.S. -
                 Dalkhola, Dist. - Uttar Dinajpur(W.B.).

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amal Kumar Sinha
                 For the Opposite Party/s :         Mr. Sanjay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  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 Sections 30(a) and

                   32(3) of 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 375 ml of liquor from a Baleno car. It is next

                   submitted 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 owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.7634 of 2026(2) dt.23-02-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that Samim would misuse his vehicle in the

          manner as alleged, who was apprehended from the spot along

          with four named other accused persons.

                       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 before the learned Court below

          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 Special

          Case No.782/2023, arising out of Kishanganj Excise P.S. Case

          No.745/2023, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.7634 of 2026(2) dt.23-02-2026
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                       provisional anticipatory bail order shall not be confirmed but if

                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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