Patna High Court
Afroz @ Md. AfrozversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
The petitioner, Afroz, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 4 litres of liquor were allegedly recovered from his motorcycle. He argued that he was not in possession of the liquor, was not arrested on the spot, and was unaware that a friend misused his vehicle. The State opposed the bail, citing his antecedent record of three prior cases, two under the Excise Act. The High Court granted provisional anticipatory bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties and subject to verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances alleged.
- Whether ownership of the vehicle used in the alleged offence justifies arrest without possession of the contraband.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- ownership of vehicle
- criminal antecedents
- Section 30
- Bihar Prohibition and Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89176 of 2025
Arising Out of PS. Case No.-110 Year-2025 Thana- BAIRGACHHAI District- Araria
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Afroz @ Md. Afroz S/o Late Rashid R/o Village- Rampur Mohanpur Pashim,
Ward No 10, P.S.-Bairgachhi, District- Araria, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. 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 antecedents of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 4 litres
of liquor from a motorcycle. 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
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against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that his friend
would misuse the vehicle in the manner as alleged who also fled
from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-1st, Araria in connection with
Bairgachhi P.S. Case No.110 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedents of more than three cases,
then it would be presumed that petitioner for the purposes of
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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 has antecedents of only three cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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