Patna High Court
Md. ShahidversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent.
Summary
Md Shahid was implicated in a case under the Bihar Prohibition and Excise Act for alleged possession of large quantities of spirit seized from a motorcycle and a shop. He applied for anticipatory bail, asserting a clean criminal record and claiming he neither owned the seized vehicle nor had the liquor in his conscious possession. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned it on verification of the petitioner’s antecedent by the trial court. If any prior case is found, the bail may be revoked; if the petitioner is confirmed to have a clean record, the provisional order will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of a clean antecedent justifies the grant of provisional anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91957 of 2025
Arising Out of PS. Case No.-321 Year-2025 Thana- Excise P.S. District- Madhubani
======================================================
Md. Shahid S/O Md. Kabir @ Abdul Kabir R/o - Raghonagar Bhavara, Ward
No. 33, P.S - Town Madhubani, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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),
30(d), 30(F), 33 and 34 of the 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 20 litres of spirit from a motorcycle, 61 litres of
spirit from a shop along with some empty liquor bottles and
1.500 litres of colour liquid was seized.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle but then is owner of the shop but then it is
submitted that at the shop several customers come and it appears
Patna High Court CR. MISC. No.91957 of 2025(2) dt.13-01-2026
2/3
that someone fearing the police concealed the liquor outside the
shop and the petitioner came to be implicated. It is further
submitted that no prudent businessman would use his own
premises for committing an occurrence and thus would create
evidence against himself and hence would get implicated, when
petitioner admittedly is a person with clean antecedent.
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, let 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
Madhubani Excise P.S. (Thana) Sadar Case No. 321 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
Patna High Court CR. MISC. No.91957 of 2025(2) dt.13-01-2026
3/3
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…