Patna High Court
Anamul HussainversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner, finding insufficient basis for arrest and procedural defects in the seizure.
Summary
The petitioner, Anamul Hussain, the owner of a vehicle from which 52.485 litres of foreign liquor was recovered, applied for anticipatory bail in connection with offences under Sections 338, 336(3), 340(2), 341(1) of the Bihar Nagarik Suraksha Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The prosecution alleged the seizure of liquor from the vehicle, but the petitioner was not apprehended on the spot and no liquor was recovered from his personal possession. The petitioner’s name was implicated solely based on the driver’s statement and the search‑seizure memo lacked signatures of two independent witnesses, raising doubts about its legality. The State opposed the bail, but the Court noted the lack of physical possession and procedural irregularities, and therefore inclined to grant anticipatory bail. The Court ordered the petitioner to furnish bail bonds of Rs.10,000 with two sureties and comply with conditions under Section 482(2) of the Bihar Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted when the accused was not apprehended on the spot and no seizure was made from his personal possession
- Whether the lack of signatures of two independent witnesses on the search‑seizure memo invalidates the seizure
- Whether ownership of the vehicle alone suffices to implicate the owner in the offences under the Bihar Nagarik Suraksha Sanhita and the Bihar Prohibition and Excise Act
Subjects
- anticipatory bail
- search and seizure
- owner liability
- foreign liquor
- Bihar criminal law
- procedural irregularity
- excise offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17527 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- DAGARUA District- Purnia
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Anamul Hussain S/O Ajgar Ali @ Md. Ajgar Ali R/O Vill.- Sakoajhora (D)
Teli Para Banhara, P.S- Sakoajhora, District- Jalpaiguri (West Bengal)
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Adv.
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
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 Dagarua P.S. Case No.162 of 2025, registered for the
offence under Sections 338, 336(3), 340(2), 341(1) of the BNS
and 30(a) of Bihar Prohibition and Excise Act, 2022.
3. As per prosecution case, there is recovery of 52.485
liters of foreign liquor from the vehicle bearing registration
no.WB72H1869.
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 petitioner was not apprehended
on the spot and no recovery has been made from the conscious
physical possession of the petitioner. Learned counsel for the
Patna High Court CR. MISC. No.17527 of 2026(2) dt.25-03-2026
2/3
petitioner next submits that petitioner’s name has been surfaced
on account of statement made by the driver of the vehicle,
namely, Sanu Modak Kumar and the petitioner has been
implicated in the case merely because he happens to be the
owner of the vehicle. Learned counsel for the petitioner next
submits that the search and seizure memo has not been signed
by two independent witnesses.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioner was not
apprehended on the spot, therefore, no recovery has been made
from the conscious physical possession of the petitioner and it
appears that it name has surfaced on account of statement made
by the driver of the vehicle, namely, Sanu Modak Kumar and it
further appears that he has been implicated in the case merely
because he happens to be the owner of the vehicle and further
taking into account the fact that the search and seizure memo
has not been signed by two independent witnesses, which puts a
question mark on the legality and validity of the seizure itself,
under these circumstances, this Court is inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner above named, in the event of his
Patna High Court CR. MISC. No.17527 of 2026(2) dt.25-03-2026
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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 Exclusive Special Judge,
Excise-I, Purnea in connection with Dagarua P.S. Case No.162
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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