Patna High Court
Md. IzrailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to a bail bond and sureties, under the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners, Md. Izrail and Ataful Nadaf, sought anticipatory bail fearing arrest in a case (G.R. No.1285 of 2025) involving alleged possession of 405 litres of liquor recovered from four bicycles, alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor seizure, while the petitioners contended they were neither owners nor drivers and had no criminal antecedent, arguing that no prima facie case existed and Section 103 of the Bharatiya Nyaya Sanhita was not complied with. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners furnish a bail bond of Rs.15,000 each with two sureties of equal amount, subject to the conditions of Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order directs that the bail be effected if the petitioners are arrested or surrender within six weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending criminal case
- Whether a prima facie case exists against the petitioners under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the requirements of Section 103 of the Bharatiya Nyaya Sanhita have been complied with
- Whether the conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 are satisfied for granting anticipatory bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275
Subjects
- anticipatory bail
- liquor seizure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- Section 274
- Section 275
- Section 30(a)
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2772 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
1. Md. Izrail Son of Bhutahi Mansuri Resident of Village- Gangaur, P.S.-
Harlakhi, District- Madhubani
2. Ataful Nadaf Son of Bhutahi Mansuri Resident of Village- Gangaur, P.S.-
Harlakhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhumita Singh, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with G.R. No. 1285 of 2025 arising out of Harlakhi P.S. Case
No. 268 of 2025 instituted for the offences under Sections 274,
275 of the Bharatiya Nyaya Sanhita, 2023 and 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 405 litres
of liquor was recovered from four bicycles.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Learned counsel further submitted that petitioners are neither
Patna High Court CR. MISC. No.2772 of 2026(2) dt.19-01-2026
2/2
the owner nor the driver of the vehicle. The petitioners have got
no concern with the alleged recovery of liquor. Learned counsel,
therefore, submitted that prima-facie, no case is made out
against the petitioners. The petitioners have no criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nyaya Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with G.R. No.
1285 of 2025 arising out of Harlakhi P.S. Case No. 268 of 2025,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.