Patna High Court
Md. Azmuddin Rain @ Md. AzmuddinversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Md. Azmuddin Rain, applied for anticipatory bail fearing arrest in a case (Behera P.S. Case No. 253 of 2025) concerning the seizure of 225 liters and 45 liters of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from two tempos, one of which was owned by the petitioner. The petitioner contended that he had no criminal antecedent, nothing was recovered from his possession, and he was being framed merely because he owned the tempo. The State opposed the bail. After hearing both sides, the Court ordered that the petitioner be enlarged on bail, subject to surrendering within four weeks and furnishing a bail bond of Rs. 10,000 with two sureties, under the conditions of Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in connection with alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1149 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
Md. Azmuddin Rain @ Md. Azmuddin, S/o Md. Safid Rain, R/o Village -
Tharhi, Ward No. 6, Andhrathari, P.S - Andhrathari, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection
with Behera P.S. Case No.253 of 2025 instituted for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from
two tempo, altogether 225 liters and 45 liters of illicit liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. It has further been submitted that from
the second tempo from which 45 liters of illicit liquor was
recovered, petitioner is the owner. He is ignorant of the said
Patna High Court CR. MISC. No.1149 of 2026(2) dt.09-02-2026
2/2
recovery. He has been framed in this case only because he is
owner of the tempo. Nothing has been recovered from his
possession. He is having no criminal antecedent.
5.Learned APP appearing for the State has
vehemently opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Bahera P.S. Case No. 253 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Special Judge-II (Excise Act),
Darbhanga, subject to the conditions as laid down under section
438 (2) of the Cr.P.C.
(Ashok Kumar Pandey, J)
lata/-
U T
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