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Patna High Court

Perwaiz Alam @ Md. Perwaiz AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Perwaiz Alam, the owner of a pickup vehicle, was implicated in a case where police intercepted the vehicle and recovered 120 bags of urea, leading to charges under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Essential Commodities Act, 1955. The petitioner contended that he had no knowledge of the contraband and was merely the vehicle owner, asserting innocence and lack of material connection to the offence. The State opposed his request for anticipatory bail. The Court examined the facts, the petitioner’s claim of non‑involvement, and the legal provisions governing anticipatory bail. It granted anticipatory bail subject to conditions including a bail bond, sureties, personal presence at trial, and provisions for cancellation if the petitioner absconds or is later found involved in similar offences. The order clarified that any observations made would not affect the trial proceedings.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nyaya Sanhita in view of the alleged offence under the Essential Commodities Act.

Legislation cited

Subjects

  • anticipatory bail
  • essential commodities
  • urea seizure
  • vehicle owner liability
  • Section 317
  • Section 7
  • Criminal Procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81980 of 2025
                   Arising Out of PS. Case No.-443 Year-2025 Thana- KISHANGANJ District- Kishanganj
                 ======================================================
                 Perwaiz Alam @ Md. Perwaiz Alam, S/o- Ataur Rahman, Village- Damdama
                 PS- Bahadurganj Dist- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Kishanganj P.S. Case No. 443 of 2025 registered for the

                   offences under Sections 317(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 7 of the Essential Commodities Act, 1955.

                                3. As per the prosecution case, the police intercepted

                   one pickup vehicle and on search total 120 bags of urea

                   containing 45kg each was recovered. The driver of the vehicle

                   who was apprehended disclosed that the same was going to be

                   delivered in Lohagara, Dighalbank.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has only been implicated in this case

                   because he happens to be the owner of the vehicle. It has next
Patna High Court CR. MISC. No.81980 of 2025(2) dt.15-01-2026
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          been submitted that the petitioner has no concern whatsoever

          with the urea recovered from his vehicle and the driver on his

          own has been carrying the same. It has further been submitted

          that the petitioner carries one antecedent in a case under the

          excise act and there is no material to connect the petitioner with

          the alleged incident.

                       5. Learned APP for the State has vehemently opposed

          the prayer for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Kishanganj P.S. Case No. 443 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
                          relative.
                          (ii) The petitioner shall remain physically present in
              Patna High Court CR. MISC. No.81980 of 2025(2) dt.15-01-2026
                                                          3/3




                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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