Patna High Court

Arfin Shahbaz @ Md Shahbaz AlamversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and surety conditions.

Summary

The petitioner, Arfin Shahbaz, sought anticipatory bail fearing arrest in a case (PS Case No. 436 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 202.860 litres of liquor were recovered from a tractor he owned. He contended that he was falsely implicated, had no involvement in the liquor seizure, and that there was no prima facie case against him, also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail, arguing the seriousness of the offence. The Court examined the facts, the lack of direct evidence linking the petitioner to the offence, and the procedural lapse, and consequently granted anticipatory bail on the condition of a Rs.15,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order also directed that the bail be effected if the petitioner is arrested or surrenders within six weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail
Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, are satisfied

Legislation cited

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

Subjects

anticipatory bail
excise law
false implication
Section 30(a)
Section 103
Section 482(2)
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16109 of 2026
                       Arising Out of PS. Case No.-436 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Arfin Shahbaz @ Md Shahbaz Alam son of Md Mukhtar @ Mukhtar Resident
                 Of Mohalla- Harerampur, Harintor, Ps- Baisi, Dist- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Dagarua PS Case No. 436 of 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 202.860

                   litres of liquor was recovered from tractor.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case as being owner

                   of the tractor in question. The petitioner has got no concern with

                   the alleged recovery of liquor. The petitioner has five (5)
           Patna High Court CR. MISC. No.16109 of 2026(2) dt.12-03-2026
                                                       2/2




                     criminal antecedents, but not of the Excise Act. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner. Other co-accused has been granted regular bail by

                     this Court vide order dated 19.01.2026, passed in Cr. Misc. No.

                     3001 of 2026.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     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/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dagarua PS Case

                     No. 436 of 2025, subject to the conditions as laid down under

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

                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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