Patna High Court
Md. MustafaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the CrPC and verification of his antecedent.
Summary
The petitioner, Md. Mustafa, was implicated in a case involving the alleged recovery of 629.64 litres of liquor from five motorcycles, alleged under IPC sections 272, 273, 414 and 34 and Excise Act section 30(A). He claimed a clean antecedent and argued that the liquor was not found in his possession, asserting that he was unaware of his friend's alleged misuse of his vehicle. The State opposed the anticipatory bail application. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to conditions under Section 438(2) of the CrPC. The order also stipulated that the trial court verify the petitioner’s antecedent, and the bail would be confirmed only if he is found to have a clean record.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC and the Excise Act.
- Whether the petitioner’s claim of clean antecedent and lack of possession of the seized liquor justify anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the CrPC are applicable.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(A)
- Indian Penal Code — s. 272, 273, 34, 414
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC offences
- Excise Act
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89900 of 2025
Arising Out of PS. Case No.-50 Year-2023 Thana- DEODHA District- Madhubani
======================================================
Md. Mustafa Son of Saheb Jaan Resident of Village - Radhiyam, P.S.- Bahera,
District - Darbhanga.
... ... 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.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 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
Sections 272, 273 and 414/ 34 of the I.P.C. and 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 629.64 litres of liquor from five different
motorcycles.
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 one of the
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seized motorcycle. It is next submitted that no prudent person
would use his own vehicle for committing a crime 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. 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
Dewdha P. S. Case No.50 of 2023, 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
the criminal antecedent of the petitioner and in the event, if it is
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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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