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Patna High Court

Md. SoimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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