Patna High Court
Md. SajeedversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to a bail bond and verification of the petitioner’s antecedent.
Summary
The petitioner, Md. Sajeed, sought anticipatory bail after learning that a case had been registered against him under Sections 30(a), 30(c), 30(d), 32(3), 41(a) and 41(b) of the Bihar Prohibition and Excise Act for the alleged recovery of 280 litres of spirit and 4.68 litres of liquor from a closed rice‑mill godown that does not belong to him. He contended that he has a clean antecedent, was not arrested at the spot, and that no liquor was found in his conscious possession. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent by the Special Judge. The court clarified that if any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act.
- Whether the absence of possession and the petitioner’s clean antecedent justify granting anticipatory bail.
- Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89810 of 2025
Arising Out of PS. Case No.-303 Year-2025 Thana- Daudnagar Excise District- Aurangabad
======================================================
Md. Sajeed S/O Nafu Miya R/O Village- Kara, P.S- Obra, Distt.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Tiwari, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 30(a), 30(c), 30(d),
32(3), 41(a) and 41(b) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 280 litres of spirit along with 4.68 litres of liquor
from a closed rice mill godown. It is next submitted that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner.
It is further submitted that petitioner is not the owner of the
godown and came to be implicated based on secret information
Patna High Court CR. MISC. No.89810 of 2025(2) dt.17-01-2026
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which is the easiest way to implicate someone without holding a
proper investigation, when petitioner admittedly is a person with
clean antecedent.
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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge-
IInd Excise, Aurangabad in connection with Daudnagar Excise
P.S. Case No.303 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 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,
Patna High Court CR. MISC. No.89810 of 2025(2) dt.17-01-2026
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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)
Sanjay/-
U T
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