Patna High Court
Perwaiz Alam @ Md. Perwaiz AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
- Essential Commodities Act, 1955 — s. 7
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
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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
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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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