Abul Hassan Mian @ Abdul Hassan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75760 of 2025 Arising Out of PS. Case No.-291 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== 1.
Abul Hassan Mian @ Abdul Hassan S/O Kodai Mian Resident of VillageMurtiya, P.S- Adapur, Distirct- East Champaran. 2.
Firoz Mian @ Firoz Alam S/O Safaruddin Mian Resident of VillageMurtiya, P.S- Adapur, Distirct- East Champaran. 3.
Tabrej Alam S/O Jamadar Mian Resident of Village- Murtiya, P.S- Adapur, Distirct- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshu Dhar Sharma, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025
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 Sections 30(a), 32 and 41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and allegation is of recovery of 252 liters of liquor from five sacks.
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing was recovered from their conscious possession and even the
Patna High Court CR. MISC. No.75760 of 2025(2) dt.17-11-2025 2/3 alleged recovery is from sacks with which petitioners have no concern or relation and they came to be implicated based on confessional statement of Jabir in police custody which does not have any evidentiary value when petitioners admittedly are persons with clean antecedent. It is also submitted that police in mechanical manner investigates and implicates 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. 500/- (Rupees Five Hundred) 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 Adapur P.S. Case No. 291 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.75760 of 2025(2) dt.17-11-2025 3/3 in the event if it is found that any of the petitioners have 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 petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T