Patna High Court

Md. Nizamuddin @ Md. Nizamuddin AnsariversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner, holding that mere ownership of the vehicle without direct possession does not justify denial of bail under Section 482(2).

Summary

The petitioner, Md. Nizamuddin, was implicated in a case (Laukahi P.S. Case No.204 of 2025) for alleged possession of 756 litres of illicit liquor recovered from a motorcycle he owned. He argued that he was not apprehended at the scene, nothing was found in his physical possession, and his only connection to the contraband was ownership of the vehicle. The State opposed his anticipatory bail application. The court noted the lack of direct possession and the petitioner’s mere ownership of the vehicle, and, invoking Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, decided to grant anticipatory bail. The petitioner was directed to furnish bail bonds of Rs 10,000 with two sureties within six weeks, subject to the conditions imposed by the Special Judge, Excise Act, Jhanjharpur. The order effectively releases the petitioner from arrest pending further proceedings.

Issues considered

Whether anticipatory bail can be granted when the accused is not apprehended on the spot and has no direct possession of the contraband.
Whether ownership of the vehicle used to transport illicit liquor suffices to implicate the owner under the relevant excise provisions.
Applicability of Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita for granting anticipatory bail in such circumstances.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482
Excise Act — s. 2023, 274, 275

Subjects

anticipatory bail
Section 482(2)
vehicle ownership
illicit liquor
Excise Act
bail bond
non‑apprehension

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16880 of 2026
                     Arising Out of PS. Case No.-204 Year-2025 Thana- LAUKAHI District- Madhubani
                 ======================================================
                 Md. Nizamuddin @ Md. Nizamuddin Ansari S/o Allauddin Ansari @ Md.
                 Allauddin Ansari R/o Village - Godhanpur, P.S - Jhanjharpur, District -
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jitendra Kumar Bharti
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Laukahi P.S. Case No.204 of 2025 registered for the

                   offence under Sections 274, 275 BNS, 2023.

                                3. As per prosecution case, there is recovery of 756

                   liters Sofi Nepali countrymade liquor from motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence and he has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner further submits that the petitioner has not been

                   apprehended on the spot and nothing was recovered from the

                   conscious physical possession of the petitioner. Learned counsel
          Patna High Court CR. MISC. No.16880 of 2026(2) dt.25-03-2026
                                                      2/2




                    for the petitioner next submits that petitioner has been

                    implicated simply because he is the owner of the vehicle.

                                 5. The learned APP opposes the anticipatory bail

                    application.

                                 6. Considering the fact that the petitioner has not been

                    apprehended on the spot and therefore, nothing was recovered

                    from the conscious physical possession of the petitioner and he

                    appears to have been implicated simply because he is the owner

                    of the vehicle, this Court is inclined to grant privilege of

                    anticipatory bail to the petitioner.

                                 7. Accordingly, the petitioner above named, in the

                    event of his arrest or surrender before the learned Court below

                    within a period of six weeks, is directed to be released on

                    anticipatory bail on his furnishing bail-bonds in the sum of

                    Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of the learned Special Judge,

                    Excise Act, Jhanjharpur, Madhubani in connection with Laukahi

                    P.S. Case No.204 of 2025, subject to the conditions laid down

                    under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

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