Patna High Court
Md. Arwaj @ RekhatulversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.
Summary
The petitioner, Md. Arwaj, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 101.280 litres of liquor from a vehicle he owned. He argued that he had no knowledge of the liquor being in the vehicle, that the liquor was not found in his conscious possession, and that he has a clean criminal record. The State opposed his request for anticipatory bail. The Court considered that ownership of the vehicle alone does not constitute sufficient evidence of participation in the offence and noted the petitioner's clean antecedent. Accordingly, the Court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify his antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether mere ownership of the vehicle from which liquor was seized is sufficient grounds for arrest.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- Section 30
- clean antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77819 of 2025
Arising Out of PS. Case No.-252 Year-2022 Thana- BALRAMPUR District- Katihar
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Md. Arwaj @ Rekhatul S/O Anwarul Resident of Village- Charaiya, P.S.-
Baisi, Dist.- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranjay Kumar Singh SHO, Telta O.P., P.S.- Balrampur, Dist.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Narayan Yadav
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 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 Section 30(a) 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 101.280 litres of liquor from a 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
Patna High Court CR. MISC. No.77819 of 2025(3) dt.23-02-2026
2/3
would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Kumud would misuse his vehicle in
the manner as alleged, who was also apprehended from the spot
along with Mithilesh.
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
Balrampur (Telta) P.S. Case No.252/2022, 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.77819 of 2025(3) dt.23-02-2026
3/3
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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