Patna High Court
Naim Shah @ Naim SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the accused is not in possession of the contraband and has a clean antecedent, subject to verification by the trial court.
Summary
The petitioner, Naim Shah, owner of a chicken shop in Kailash market, was implicated in the recovery of 64.5 litres of liquor from a premises adjacent to his shop under Section 30(a) of the Excise Act. He applied for anticipatory bail, arguing that he had no conscious possession of the liquor, has a clean criminal record, and that the police investigation was inadequate. The State opposed the bail. The High Court, applying Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail on the condition that the petitioner surrender within six weeks, furnish bail bonds of Rs.500 with two sureties, and that the trial court verify his antecedent. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
- Whether ownership of the shop, without possession of the liquor, suffices to justify denial of bail.
- Whether the police investigation was sufficient to justify the charge.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- Section 438 CrPC
- clean antecedent
- possession
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87540 of 2025
Arising Out of PS. Case No.-396 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Naim Shah @ Naim Sah S/o Late Shahub Shah Resident Of Village-
Ramnagara, P.S.- Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Jha
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 64.500 litres of liquor from a chicken shop in
Kailash market.
4. The learned counsel for the petitioner submits 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 shop. It is
next submitted that no prudent person would use his own shop
Patna High Court CR. MISC. No.87540 of 2025(3) dt.20-01-2026
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for committing a crime and thus, would create evidence against
himself and hence, would get implicated and the same time will
bring disrepute to his business. It is also submitted that the shop
in question is an open space and the liquor was recovered from a
place adjacent to the shop, but then, the police implicated the
petitioner at the instance of local person without holding a
proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Riga P. S. Case No.396 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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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 obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present 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)
vikash/-
U T
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