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Patna High Court

Md. Ansharul @ Md. InsharulversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners, finding that the allegations did not constitute a substantive offence under the Excise Act and that no liquor was recovered from them.

Summary

The petitioners, Md. Ansharul and Md. Minu, applied for anticipatory bail in a case registered under Sections 30(a), 37 and 45 of the Bihar Prohibition and Excise Act relating to alleged consumption of liquor and obstruction of police at a residence in Korha. The FIR alleged that the accused, identified as Md. Tuntun, consumed liquor and that the petitioners, his brothers, obstructed police while he attempted to flee. The petitioners argued that no liquor was recovered from them and that the charge pertained only to hindering police, not to a substantive offence under the Excise Act. The State opposed the bail. The Court noted the absence of physical possession of liquor and the nature of the allegation, and consequently granted anticipatory bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence is obstruction of police duties rather than a substantive violation of the Bihar Prohibition and Excise Act.
  • Whether the lack of physical possession of liquor by the petitioners warrants granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • obstruction of police
  • Section 438
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10956 of 2026
                        Arising Out of PS. Case No.-211 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
           1.     Md. Ansharul @ Md. Insharul S/o Shekh Kalim @ Md. Kalim R/o Village -
                  Madhura, Ward No. 5, P.S - Korha, District - Katihar
           2.     Md. Minu S/o Shekh Kalim @ Md. Kalim R/o Village - Madhura, Ward No.
                  5, P.S - Korha, District - Katihar
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajit Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioners as well as

                   learned APP for the State.

                                2. The petitioners seeks bail in anticipation of their

                   arrest in a case registered for the offences punishable under

                   Sections 30(a), 37 and 45 of Bihar Prohibition and Excise Act in

                   connection with Korha P.S. Case No.211 of 2025.

                                3. Prosecution case in short is that, when the

                   informant reached at the Residence of Raikumar Mahaldar on

                   the basis of information received through ET No. 360927.

                   Further, when he reached at the alleged place, he witnessed that

                   a person attempted to flee away. However, he was caught and

                   found to have consumed liquor. The accused then denied the

                   consumption of liquor and fought with the police personnel.
Patna High Court CR. MISC. No.10956 of 2026(2) dt.17-02-2026
                                            2/3




          Thereafter, with the assistance of other police personnel, the

          said accused person was taken into custody and after inquiry he

          named himself as Md. Tuntun and he disclosed that he went to

          consume liquor at the residence of Lalo Devi and her husband

          Rajkumar Mahaldar, who sells liquor. Further, upon proceeding

          to test by the breathe analyzer machine, the brothers of accused

          Md. Tuntun namely Md. Ansharul and Md. Minu and some

          other unknown people gathered there and obstruct the police

          personnel in discharging their duties and helped Md. Tuntun to

          evade. Later on, he was caught again and on breathe analyzer

          test the accused Md. Tuntun was found to be drunk with test

          result of 124.8 mg/100 ml. Accordingly, FIR was registered.

                       4. Learned counsel for the petitioner submits that no

          recovery has been made from the conscious physical possession

          of the petitioners and the nature of the allegation levelled

          against the petitioners is of causing hindrance in discharging the

          duty of police personnel and not of any offence having been

          committed under the Excise Act.

                       5. The learned APP for the State opposes the

          anticipatory bail application.

                       6. Considering the fact that no recovery has been

          made from the conscious physical possession of the petitioners
          Patna High Court CR. MISC. No.10956 of 2026(2) dt.17-02-2026
                                                      3/3




                    and that from the reading of the FIR the nature of the allegation

                    levelled against the petitioners is of causing hindrance in

                    discharging the duty of police personnel and not of any offence

                    having been committed under the Excise Act, this Court is

                    inclined to grant anticipatory bail to the petitioners.

                                 7. Accordingly, the petitioners above-named, in the

                    event of their arrest or surrender before the learned Court below

                    within a period of six weeks, are directed to be released on bail

                    on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees

                    Ten Thousand) with two sureties of the like amount each to the

                    satisfaction of the learned District and Additional Sessions

                    Judge, Exclusive Special Excise Court-II, Katihar in connection

                    with Korha P.S. Case No.211 of 2025, subject to the conditions

                    laid down under Section 438(2) of the Cr.P.C./Section 482(2) of

                    the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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