Patna High Court
Md. SababversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that the petitioner is entitled to anticipatory bail subject to the stipulated conditions.
Summary
The petitioner, Md. Sabab, was implicated in a case under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act for allegedly having 38.7 litres of foreign liquor recovered from a bag on his motorcycle. He contended that the motorcycle had been handed over to a friend and that he had no knowledge of, nor possession of, the seized liquor, further noting the absence of an independent witness to the seizure and his clean criminal record. The State opposed his application for anticipatory bail, relying on the FIR allegations. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within four weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail is warranted in a case under Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of lack of knowledge and absence of an independent witness justifies the grant of anticipatory bail.
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) BNSS 2023 are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- seizure
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25943 of 2026
Arising Out of PS. Case No.-174 Year-2021 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Md. Sabab Son of Md. Hasib Resident of Village- Nariyar Bairwa, P.S.-
Motipur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a), 32
and 41 of the Bihar Prohibition and Excise Act.
3. The allegation in the First Information Report is
that 38.7 litres of foreign liquor has been recovered from a bag
kept on the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is said to be the owner of the said motorcycle. It is
submitted that the petitioner has given the motorcycle to his
friend and he has no knowledge or concern with the seized
liquor. There is no recovery from personal or conscious
Patna High Court CR. MISC. No.25943 of 2026(2) dt.24-04-2026
2/2
possession of the petitioner. It is further submitted that there is
no independent witness to the search and seizure. The petitioner
has no criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below 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 Court below where the case is pending/successor
Court in connection with Dumariyaghat P.S. Case No. 174 of
2021, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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