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Patna High Court

Mohammad AlamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail should be granted to the petitioner, subject to the conditions specified under Section 482(2) of the B.N.S.S., 2023.

Summary

Petitioner Mohammad Alam sought anticipatory bail after being implicated in a case under Sections 274 and 275 of the Bharatiya Nagrik Suraksha Sanhita and Section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of country‑made liquor recovered from a motorcycle and a scooty. He contended that he was not the driver, did not own the scooty, and had no possession of the liquor, asserting that the co‑accused’s statement falsely implicated him and that mandatory search‑seizure procedures were violated. The State opposed the bail application. The Court, after considering the lack of any incriminating material found in the petitioner’s conscious possession and the circumstances presented, ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023. The order was directed to be complied with by the Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
  • Whether the petitioner’s alleged involvement can be established in view of the absence of any seized liquor in his conscious possession.
  • Whether the alleged violations of mandatory search and seizure provisions affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • search and seizure
  • criminal procedure
  • bail conditions
  • co‑accused testimony

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14658 of 2026
                    Arising Out of PS. Case No.-221 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Mohammad Alam S/O Basir @ Mohammad Basir Resident of Village -
                 Khushiyali, Police Station- Marauna, District- Madhubani
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md Soban Asghar, Advocate
                 For the Opposite Party/s :      Mr. Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Madhepur P.S. Case No. 221 of 2025, instituted under

                   Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar

                   Prohibition & Excise Act.

                                3. As per the prosecution case, 15 litres country made

                   liquor was recovered from the motorcycle and 20 litres country

                   made liquor from the Activa Scooty. It is alleged that petitioner

                   fled away from the spot who was driving the Scooty.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case

                   on the basis of disclosure statement made by the co-accused,

                   namely, Md. Chhotan. Petitioner was not driving the alleged

                   Scooty and same does not belong to the petitioner. Petitioner has

                   no concern either with the seized liquor or with the motorcycle or
            Patna High Court CR. MISC. No.14658 of 2026(2) dt.12-03-2026
                                                        2/2




                      Scooty. He was not present on the spot. Nothing incriminating has

                      been recovered from the conscious possession of the petitioner.

                      There is violation of mandatory provisions of search and seizure.

                      Petitioner has one criminal antecedent in which he is on bail.

                      Petitioner undertakes to co-operate in the investigation and trial.

                                   5. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail.

                                   6. Considering the facts and circumstances of the case,

                      submission of learned counsel for the parties and nothing has been

                      recovered from the conscious possession of the petitioner, in the

                      event of arrest or surrender before the Court below within six

                      weeks from today, the petitioner be released on bail upon

                      furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in

                      connection with Madhepur P.S. Case No. 221 of 2025, subject to

                      the conditions laid down in Section 482 (2) of the Bharatiya

                      Nagrik Suraksha Sanhita (B.N.S.S.), 2023.



                                              (Sunil Dutta Mishra, J)
rakhi/-
U       T


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