Patna High Court

Md. Husen Rain @ M.D. Husaun @ Hasan RainversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Husen Rain, feared arrest in an excise case (Benipatti Excise PS Case No. 236 of 2025) where 360 litres of liquor were seized from three motorcycles. The prosecution alleged that the petitioner was the owner of one of the motorcycles involved in the seizure under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that the investigation had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed any bail, while the petitioner sought anticipatory bail. The Court, after considering the facts, ordered that the petitioner be released on anticipatory bail if arrested within six weeks, upon furnishing a bail bond of Rs.15,000 and two sureties of equal amount, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order also referenced the earlier bail granted to a co‑accused in a related matter.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in the excise case.
Whether the prosecution has established a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

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

Subjects

anticipatory bail
excise law
liquor seizure
false implication
Section 30(a)
Section 103
Section 482(2)
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16626 of 2026
                   Arising Out of PS. Case No.-236 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Md. Husen Rain @ M.D. Husaun @ Hasan Rain S/o Israil Rain R/o Village-
                 Phulhar, P.S.- Harlakhi, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ashok Kumar @ Ashok Karn, Advocate
                 For the Opposite Party/s :         Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner apprehends his arrest in connection

                   with Benipatti Excise PS Case No. 236 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 360

                   litres of liquor was recovered from three motorcycles.

                            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 one of the motorcycles. The petitioner has got no concern

                   with the alleged recovery of liquor. The petitioner has no
           Patna High Court CR. MISC. No.16626 of 2026(2) dt.13-03-2026
                                                       2/2




                     criminal antecedent. 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 bail by this Court vide order dated 27.01.2026,

                     passed in Cr. Misc. No. 3879 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 Benipatti Excise PS

                     Case No. 236 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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