Patna High Court
Md. SoimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail is warranted as the petitioner had no direct possession of the illicit liquor and possessed a clean antecedent.
Summary
The petitioner, Md. Soim, owner of an e‑rickshaw, was implicated in a case where police recovered 42.5 litres of illicit liquor from the vehicle, charging offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act, 2018 & 2022. The petitioner argued that the liquor was seized from the vehicle being used by his brother for livelihood and that he had no direct possession of the contraband and a clean criminal record. The State opposed the grant of anticipatory bail. The High Court, noting the absence of any recovered liquor in the petitioner's conscious possession and his lack of antecedent criminal history, decided to grant anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, to be filed within four weeks before the Special Excise Court, subject to Section 482(2) of the CrPC. The bail is to be effective if the petitioner is arrested or surrenders in the pending excise case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged involvement in the illicit liquor seizure under the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- Section 47
- clean antecedent
- ownership of vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11546 of 2026
Arising Out of PS. Case No.-901 Year-2024 Thana- Excise P.S. District- Nawada
======================================================
Md. Soim S/o Md. Tashlim @ Tasalim Uddin Resident of Village- Milki
Hajipur, Gaderia Bigha, P.S.- Warisaliganj, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar, Adv.
For the Opposite Party/s : Mr.Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Nawada Excise P.S. Case No. 901 of 2024 dated
23.12.2024 registered for the offence punishable under Section/s
30(a) and 47 of the Bihar Prohibition and Excise Amendment
Act, 2018 & 2022.
3. As per the prosecution case, the police has recovered
total 42.5 liters of illicit liquor from the e-Ricksaw bearing
Regd. No. BR27ER-2287.
4. Learned counsel for the petitioner submits that alleged
Patna High Court CR. MISC. No.11546 of 2026(2) dt.17-02-2026
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recovery of illicit liquor has been recovered from the e-
Rickshaw bearing Regd. No. BR27ER-2287 which was being
given to his brother for earning his livelihood. It is alleged that
the brother of the petitioner and one another were arrested on
the spot. It is next submitted that the petitioner has been
implicated in this case only on the basis of his being the owner
of the alleged e-Rickshaw. It is lastly submitted that the
petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the petitioner and
considering the fact that nothing has been recovered from the
conscious possession of the petitioner and the petitioner having
no criminal antecedent, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Court, Excise-2, Nawada in
connection with Nawada Excise P.S. Case No. 901 of 2024,
Patna High Court CR. MISC. No.11546 of 2026(2) dt.17-02-2026
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subject to the condition as laid down under Section 482(2) of
the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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