Patna High Court
Md. Anwar @ Md. Anawar @ Anwar MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner, directing him to furnish a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Md. Anwar, was implicated in a case of illicit liquor trafficking (Andhramath P.S. Case No. 161 of 2024) under Sections 274, 275, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. Police recovered 560 litres of Nepali liquor after the accused fled the scene; however, no incriminating material was found on the petitioner and he was not arrested at the spot. The petitioner, who has five prior antecedents but is already on bail for some, has been in custody since 2 December 2025. He applied for bail, arguing lack of direct evidence against him. The State opposed the bail on grounds of the seriousness of the offence. Considering the facts, the nature of the material, and the petitioner’s antecedents, the court granted bail on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the illicit liquor offences and his antecedent record
- Whether the absence of incriminating material on the petitioner justifies release on bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise law
- criminal antecedents
- section 274
- section 275
- section 3(5)
- section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19645 of 2026
Arising Out of PS. Case No.-161 Year-2024 Thana- ANDHRAMATH District- Madhubani
======================================================
Md. Anwar @ Md. Anawar @ Anwar Miyan Son of Md. Ishak @ Md. Ishak
Miya Resident of Village- Kariyaut Bantol, P.S.- Laukahi, District-
Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Baleshwar Kamat
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Andhramath P.S. Case No. 161 of 2024, dated 14.10.2024,
registered for the offence under Sections 274, 275, 3(5) of the
Bhartiya Nyaya Sanhita, 2023, and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation, on a tip that illicit liquor is
being carried, the police party went to the place of occurrence
and on seeing the police party, the accused persons started
fleeing away, throwing the bags they were carrying, however,
two persons were arrested, namely, Santosh Kumar Sada and
Ajay Kumar Sada, who allegedly also threw the bags so as to
save themselves and from the bags, altogether 560 liters of
Patna High Court CR. MISC. No.19645 of 2026(2) dt.25-03-2026
2/2
Nepali country made liquor was recovered.
4. Learned counsel appearing for the petitioner
submits that the petitioner was not arrested from the spot and
nothing incriminating has been recovered from the possession of
the petitioner and the petitioner is said to be the person who had
fled away from the place of occurrence. The petitioner although
carries five antecedents, but he is on bail in some of them and he
is in custody since 02.12.2025.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the nature of materials against the petitioner, let the,
above named, petitioner be released on bail on furnishing bail
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge, Excise
Act, Jhanjharpur, Madhubani, in connection with Andhramath
P.S. Case No. 161 of 2024.
(Praveen Kumar, J)
Pawan/-
U T
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