Patna High Court

Md. Nausad KhanversusThe State of Bihar

Decided: 12 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Md. Nausad Khan, sought anticipatory bail after being implicated in a case under Sections 30(a) and 56(b) of the Bihar Excise Act for allegedly possessing 375 ml of liquor recovered from a scooty he owned. He argued that he had no prior criminal record, was not caught in possession, and was unaware that the vehicle would be used for the alleged offence. The State opposed the bail, contending that the seizure linked the petitioner to the offence. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a condition that the trial court verify his antecedents within six weeks. If any prior case is discovered, the bail will be cancelled; otherwise, it will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case of alleged liquor possession under the Bihar Excise Act
Whether ownership of the vehicle from which liquor was recovered can alone constitute sufficient grounds for arrest

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
seizure of liquor
vehicle ownership
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91387 of 2025
                     Arising Out of PS. Case No.-481 Year-2025 Thana- Excise P.S. District- Sheikhpura
                 ======================================================
                 Md. Nausad Khan S/o- Md. Murtaja Khan R/v- Rampur Ps- Ariyari Dist-
                 Sheikhpura P/A- Mohalla- Indai Par Ps Dist- Sheikhpura

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dinkar Kumar, Advocate
                 For the Opposite Party/s :         Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                  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 Sections 30(a) and

                   56(b) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 375 ml of liquor from a Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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

                   Scooty. It is next submitted that no prudent person would use his

                   own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.91387 of 2025(2) dt.12-01-2026
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          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Vikash would misuse the vehicle in the manner as alleged

          who was also apprehended from the spot.

                       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

          Sheikhpura Excise P.S. Case No. 481 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
            Patna High Court CR. MISC. No.91387 of 2025(2) dt.12-01-2026
                                                        3/3




                      anticipatory bail order shall not be 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)
Rishabh/-

U      T

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