Md. Shahid v. The State Of Bihar

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 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