Niyaz @ Md. Intezar @ Md. Intezar Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4651 of 2026 Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia ====================================================== 1.
Niyaz @ Md. Intezar @ Md. Intezar Alam son of Amerul @ Md. Amerul Haque @ Amirul Haq Resident of Village- Mangalpur, Ps- Rauta, DistPurnea 2.
Parvej @ Parvej Alam @ Pravej Alam son of Idris Resident of villageManjhol, Ps- Rauta, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sumit Kumar Bhagat, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-01-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of four cases under the excise act and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 164.805 liters of liquor from two different motorcycles.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.4651 of 2026(2) dt.31-01-2026 2/3 was recovered from their conscious possession and are not the owners of the seized vehicles and they came to be implicated based on confessional statement of Tauhid in police custody which does not have any evidentiary value. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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. 20,000/- (Rupees Twenty Thousand) each 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 Angarh P.S. Case No. 90 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 petitioners and
Patna High Court CR. MISC. No.4651 of 2026(2) dt.31-01-2026 3/3 in the event if it is found that petitioner no. 1 has antecedent of more than four cases and petitioner no. 2 has antecedent of even one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner no. 4 has antecedent of four cases only and petitioner no. 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioners, based on instruction, undertakes to deposit an amount of Rs. 5000/- with Advocates' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Rishabh/- U T