Patna High Court
Parwez AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is granted to the petitioner with a bond of Rs 10,000 and two sureties, subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioner, Parwez Alam, a resident of Gayaji, is the registered owner of a tempo from which 145 litres of country‑made liquor was seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, contending that the tempo was being used as a public carrier, the driver fled, and there is no independent witness to the seizure; he also has no prior criminal record. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the facts, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within four weeks if arrested. The bail is conditioned on compliance with the stipulated terms.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- prohibition act
- excise
- liquor seizure
- bail bond
- criminal procedure
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25953 of 2026
Arising Out of PS. Case No.-734 Year-2025 Thana- HISUWA District- Nawada
======================================================
Parwez Alam son of Md. Naeem Resident of Village- Goga, Ps- Mufassil,
Dist- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the Opposite Party/s : Md. Aslam Ansari, 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 Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The allegation in the First Information Report is
that 145 litres of country made liquor has been recovered from a
Tampo.
4. Learned counsel for the petitioner submits that the
petitioner is said to be the registered owner of the said Tempo,
however, the Tempo was being used as a public carrier and the
driver of the said Tempo managed to flee away. It is submitted
that onne Vikram Kumar was apprehended and he has taken the
name of the said driver and no person took the name of the
Patna High Court CR. MISC. No.25953 of 2026(2) dt.24-04-2026
2/2
petitioner. 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 Hisua P.S. Case No. 734 of 2025,
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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