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Patna High Court

Md. AshadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of antecedents and compliance with the conditions of Section 482(2) of the CrPC.

Summary

The petitioner, Md. Ashad, was implicated in a case for the alleged recovery of 198 litres of liquor from a Scorpio vehicle he owned, under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He sought anticipatory bail, arguing that he was not present at the seizure, had no conscious possession of the liquor, and was unaware of his friend's alleged misuse of the vehicle. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties and directing the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the bail will be confirmed. The order is subject to the conditions of Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Code of Criminal Procedure.
  • Whether ownership of the vehicle, without possession of the seized liquor, suffices for arrest.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.798 of 2026
                  Arising Out of PS. Case No.-453 Year-2021 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Md. Ashad Son of Md. Arif @ Arif Hussain Resident of Mohalla- Thapkol,
                 Ward No. 4, P.S.- Jokihat, District- Araria

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

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

2   19-01-2026                  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, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 198 litres of liquor from a Scorpio vehicle. 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.798 of 2026(2) dt.19-01-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged.

                       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.5000/- (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

          Bahadurpur P.S. Case No.453/2021, 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

          one case, 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 one
             Patna High Court CR. MISC. No.798 of 2026(2) dt.19-01-2026
                                                         3/3




                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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