Patna High Court
Md. TabrejversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied because the petitioner’s alleged involvement in the illicit liquor recovery and his pending criminal cases warranted denial of bail.
Summary
The petitioner, Md. Tabrej, sought anticipatory bail in a case involving the alleged recovery of 1,075.68 litres of illicit liquor from a Dak Parcel vehicle, alleged under Sections 111(i) and 111(ii) of the BNS read with Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was not present at the scene and that his name appeared only on suspicion, while also highlighting that the liquor was not in his conscious possession. The State opposed bail, emphasizing the petitioner’s two pending criminal cases under the Excise Act, indicating a non‑clean antecedent. The Court considered the seriousness of the offence, the pending cases, and the lack of direct possession, and concluded that bail could not be granted. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act considering the alleged offence and his criminal antecedent
Legislation cited
- Bihar Narcotic Substances (BNS) — s. 111(i), 111(ii)
- Bihar Prohibition and Excise Act — s. 30(a), 36, 41(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21826 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Md. Tabrej S/o- Iliyas @ Md. Elias R/v- New Sipahi Tola Ps- Madhubani
TOP Dist- Purnea
... ... 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.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Champanagar P.S. Case No.27 of 2026, for the offence
punishable under Sections 111(i) /111(ii) of the BNS read with
Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise
Act pending before the Court of Exclusive Special Judge Excise
Court No.1, Purnea.
3. As per the prosecution, the total recovery of
1075.68 litres of illicit liquor have alleged to be made from a
Dak Parcel vehicle, which is the subject matter of the present
case.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.21826 of 2026(2) dt.08-04-2026
2/2
also submits that petitioner was not present on the place of
occurrence and his name has been transpired only on suspicion.
Counsel further submits that criminal antecedent of the
petitioner is not clean as there are two criminal cases pending
against him in which he is on bail. He further submits that the
recovery has not been made in conscious possession of the
petitioner.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are two criminal cases (relating to
Excise Act) pending against him and this aspect must be taken
into consideration.
6. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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