Patna High Court
Gulzar @ Gulzar Ahmad @ GuljarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Gulzar Ahmad, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 1,203.84 litres of liquor from a pickup vehicle and a motorcycle. He contended that he had no conscious possession of the liquor, was merely the owner of the motorcycle, and was unaware that his friend misused the vehicle. The State opposed his request for anticipatory bail. The court considered the petitioner's clean antecedent and the circumstances of the alleged seizure, and granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties, pending verification of his criminal record. The order stipulated that if any antecedent is discovered, the bail would be revoked, but if his clean record is confirmed, the bail would be affirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act and Section 482(2) of the BNSS
- Whether ownership of the vehicle used in the alleged offence constitutes sufficient grounds for arrest
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- clean antecedent
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84989 of 2025
Arising Out of PS. Case No.-77 Year-2025 Thana- MANIGACHI District- Darbhanga
======================================================
Gulzar @ Gulzar Ahmad @ Guljar S/o Asfak Ahmad Resident of Village -
Ward No. 11, Kusothar, Police Station - Bahadurpur, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary
For the Opposite Party/s : Mr.Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and allegation is of
recovery of 1203.840 litres of liquor from a pickup vehicle and
a motorcycle.
4. Learned counsel for the petitioner submits that the
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
motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.84989 of 2025(3) dt.20-01-2026
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use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
implicated, it is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court
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
Manigachhi P.S. Case No. 77 of 2025, subject to the conditions
as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.84989 of 2025(3) dt.20-01-2026
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confirmed, but after verification if 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)
Sumit/-
U T
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