Patna High Court

Md IntiyazversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court ordered anticipatory bail for petitioner No.1, conditional upon surrender/arrest within four weeks, a bail bond of Rs.10,000 and two sureties.

Summary

The petitioners, Md Intiyaz and Md Reyaz, were implicated in a case (Vasudevpur PS Case No. 9 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after a search recovered five litres of liquor from their house. Petitioners sought anticipatory bail, with petitioner No.2 having already been arrested and therefore not pressing his application, leading to its dismissal. Petitioner No.1 argued that he was falsely implicated, that no incriminating article was found in his possession, and offered to cooperate with the investigation. The State opposed the bail. The Court, after hearing both sides, granted anticipatory bail to petitioner No.1, subject to surrender or arrest within four weeks, a bail bond of Rs.10,000 and two sureties of equal amount, to be approved by the Special Judge, Excise‑II, Munger.

Issues considered

What is the appropriateness of granting anticipatory bail to petitioner No.1 under Section 30(a) of the Bihar Prohibition and Excise Act, 2016?

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
liquor seizure
false implication
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27535 of 2026
                       Arising Out of PS. Case No.-9 Year-2026 Thana- Vasudevpur District- Munger
                 ======================================================
           1.     Md Intiyaz S/o Reyaz @ Gholta @ Md. Riyaz R/o Mohalla - Nayagaon,
                  Kansar, P.S. - Basudeopur, Dist. - Munger.
           2.     Md. Reyaz @ Gholta @ Md. Riyaz S/o Md. Ekram R/o Mohalla -
                  Nayagaon, Kansar, P.S. - Basudeopur, Dist. - Munger.
                                                                              ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Surya Narayan Sah, Advocate
                 For the Opposite Party/s :       Mr.Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                     1. Heard learned counsel for the parties.

                                   2. At the outset, it is submitted by learned counsel

                   for the petitioners that petitioner no.2 Md. Reyaz @ Gholta @

                   Md. Riyaz having been arrested during pendency of the instant

                   application, he is not pressing the application so far as petitioner

                   no.2 is concerned.

                                   3. In view of the above, the application so far as

                   petition no.2 Md. Reyaz @ Gholta @ Md. Riyaz is concerned,

                   stands dismissed as not pressed.

                                   4. The petitioner no.1 in this application prays for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Vasudevpur P.S. Case no. 9 of 2026 registered for the

                   offence punishable under section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.
            Patna High Court CR. MISC. No.27535 of 2026(2) dt.29-04-2026
                                                        2/2




                                      5. As per the prosecution case, on a search being

                      conducted, 5 litres of liquor was recovered from the house of the

                      petitioners.

                                      6. Learned counsel for the petitioner no.1 submits

                      that the petitioner has been falsely implicated in the case

                      because of his antecedent. No incriminating article has been

                      recovered from his possession or from his house. He undertakes

                      to cooperate in the investigation/trial.

                                      7. The application for bail is opposed by learned

                      APP for the State.

                                       8. Having heard learned counsel for the parties and

                      taking into consideration the allegation against the petitioner

                      no.1 in the F.I.R., it is directed that the petitioner no.1 above

                      named, in the event of his arrest or surrender before the learned

                      Court below within a period of four weeks, be released on

                      anticipatory bail in connection with Vasudevpur P.S. Case no. 9

                      of 2026 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 Exclusive Special Judge, Excise-II,

                      Munger.


Bibhash/-                                         (Partha Sarthy, J)
U      T

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