Patna High Court

Guddu @ Tanjil AlamversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, Guddu and Tariq, feared arrest in a case (Angarh P.S. Case No. 90/2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, where 164.805 litres of liquor were recovered from two motorcycles. They contended that they had no knowledge of or connection to the liquor or the vehicles and were falsely implicated, noting the absence of any criminal antecedent and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed their bail application. The Court considered the petitioners' claim of false implication and the fact that a co‑accused had already been granted anticipatory bail. It ordered that, if the petitioners surrender within six weeks, they be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 482(2)
false implication
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11355 of 2026
                        Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
                 ======================================================
           1.     Guddu @ Tanjil Alam S/O Majebul R/O Vill.- Abhaypur, P.S.- Rauta, Dist.-
                  Purnea.
           2.    Tariq Anwar @ Md. Tariq Anwar S/O Tauhid Alam @ Md. Tauhid Alam @
                 Md. Tohid R/O Vill.- Abhaypur, P.S.- Rauta, Dist.- Purnea.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Angarh P.S. Case No. 90/2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 164.805

                   litres of liquor was recovered from two motorcycles.

                                4. Learned counsel for the petitioners submitted that

                   the petitioners have falsely been implicated in the present case.

                   The petitioners have got no knowledge and concern with the

                   alleged recovery of liquor. Learned counsel further submitted

                   that petitioners are in no manner connected with the vehicles in
           Patna High Court CR. MISC. No.11355 of 2026(2) dt.13-02-2026
                                                       2/2




                     question or with the alleged recovery of liquor. The other co-

                     accused person has already been granted anticipatory bail by

                     this Bench vide order dated 05.02.2026 passed in Cr. Misc. No.

                     8616 of 2026. Learned counsel, therefore, submitted that prima

                     facie, no case is made out against the petitioners. The petitioners

                     have no criminal antecedent. There is no compliance of Section

                     103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioners above named, in the event of their

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Angarh P.S.

                     Case No. 90/2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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