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Patna High Court

Ghuran Safi @ Ghuran KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that pre‑arrest bail be granted conditionally, subject to verification that the vehicle is not registered in the petitioner’s name and that he has no pending criminal cases.

Summary

Ghuran Safi applied for pre‑arrest bail in a case (S.T Excise No. 887 of 2025) alleging that he helped transport 72 litres of Nepali liquor in an unregistered tempo. The petitioner contended that he neither owned nor drove the vehicle, that his name was supplied by an enmious villager, and that he has a clean criminal record. The State opposed the bail, emphasizing the seriousness of illicit liquor trafficking in Bihar. The High Court directed the District Court to obtain a verification report from the District Transport Officer to confirm whether the vehicle (engine No. BBZWGH44173, chassis No. MD2A41AZ7GWH38233) is registered in the petitioner’s name or is stolen. If the report shows the petitioner is not the owner and has no pending cases, he is to be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail in the alleged illicit liquor case
  • Whether verification of vehicle registration and the petitioner’s criminal antecedent is necessary before granting bail
  • Applicability of Section 482(2) of the BNSS in granting pre‑arrest bail

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • vehicle registration
  • criminal antecedent
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18989 of 2026
                         Arising Out of PS. Case No.-107 Year-2025 Thana- NADI District- Supaul
                 ======================================================
                 Ghuran Safi @ Ghuran Kumar, S/o- Dhaniklal Safi, R/v- Kadmaha (ward no-
                 10) P.S.- Supaul Nadi, Dist- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Md. Anzarul Haque Sahara, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                      Heard Mr. Arun Kumar Jha, learned counsel

                   appearing on behalf of the petitioner and Mr. Md. Anzarul

                   Haque Sahara, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with S.T Excise No.- 887 of 2025 arising out of Supaul Nadi

                   P.S. Case No. 107 of 2025 registered for the offence punishable

                   under Sections 30 (a) of the Bihar Prohibition and Excise Act as

                   amended up-to-date.

                                3. As per the allegation made in the FIR, petitioner

                   along with other co-accused, was allegedly found involved in

                   transporting 72 litres of Nepali liquor from a tempo without

                   having registration number. However, from the seizure list it is

                   found that Engine No. of the vehicle is BBZWGH44173 and

                   Chassis No. MD2A41AZ7GWH38233.
Patna High Court CR. MISC. No.18989 of 2026(2) dt.08-04-2026
                                            2/4




                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. Petitioner has no concern

          with the alleged seized liquor or with the tempo, from which the

          alleged illicit liquor was recovered, nor he was passenger or he

          was driving the said tempo. Name of the petitioner has been

          disclosed by the co-villager, who is having enmity with the

          petitioner. Petitioner has clean antecedent. On these grounds,

          petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. The trade of illicit liquor is prevalent in the State of

          Bihar and the policy has failed due to complicity of higher

          officials, who are also involved in the trade of illicit liquor. The

          main smuggler and the traders, who are running parallel

          economy and putting the revenue of the State at loss, don't get

          named in the FIR nor the police officials, excise officials or the

          Transport Department officials take responsibility and necessary

          efforts. The place of occurrence is eight kilometers from the

          police station, which is not far away from the police station. I

          find that the name of the petitioner has been taken due to enmity

          by some person, whose name has not been disclosed, just
Patna High Court CR. MISC. No.18989 of 2026(2) dt.08-04-2026
                                            3/4




          because the police officer, who seized the vehicle, has tried to

          save the main smuggler or the trader by involving the innocent

          person like petitioner.

                       7. In view of the claim of the petitioner that he is not

          the owner of the tempo from which the alleged illicit liquor was

          recovered, the learned District Court is required to verify from

          the District Transport Officer, Supaul, whether the vehicle

          having no registration number is not registered in the name of

          the petitioner on the basis of Engine No. BBZWGH44173 and

          Chassis No. MD2A41AZ7GWH38233 The report can be

          obtained forthwith electronically or by any other mode of

          communication.

                       8. If it is found that the vehicle is not registered in the

          name of the petitioner and is not a stolen one on the basis of

          report of District Transport Officer, Supaul, then in that case, the

          petitioner, above named, is directed to be released on pre-arrest

          bail, in the event of his/her arrest or surrender before the learned

          District Court within a period of four weeks from today, on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned District Court where the case is pending, in

          connection with S.T Excise No.- 887 of 2025 arising out of
              Patna High Court CR. MISC. No.18989 of 2026(2) dt.08-04-2026
                                                          4/4




                        Supaul Nadi P.S. Case No. 107 of 2025, subject to the condition

                        as laid down under Section 482(2) of the BNSS.

                                     9. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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