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Patna High Court

Tarabul @ Md. JauwadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Tarabul (also known as Md. Jauwad), sought anticipatory bail fearing arrest in a case involving alleged offences under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act, where 288 litres of illicit liquor were seized from a Bolero vehicle. The prosecution alleged the liquor was illicit, but the petitioner argued that no incriminating material was found in his conscious possession and that he was neither the driver nor the owner of the vehicle, contending that his inclusion as an accused was purely on suspicion. The State opposed the bail application, maintaining the seriousness of the offences. The Court examined whether the petitioner’s alleged connection justified denial of anticipatory bail and considered the scope of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding insufficient material linking the petitioner directly to the contraband and noting the principle of liberty, the Court granted anticipatory bail, directing that if arrested within eight weeks, he may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions of the Special Excise Court.

Issues considered

  • What is the applicability of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case of alleged illicit liquor possession?
  • Whether the petitioner’s alleged lack of conscious possession and non‑ownership of the vehicle precludes his arrest under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • Section 274
  • Section 275
  • Section 30(a)
  • Section 482(2)
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28535 of 2026
                   Arising Out of PS. Case No.-39 Year-2026 Thana- BALTHAR District- West Champaran
                 ======================================================
                 Tarabul @ Md. Jauwad S/o Late Sheikh Shauhid @ Late Shekh Shahid
                 Resident of Village - Gauripur, P.S. - Balthar, Dist. - West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 274, 275 of the

                   Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 288 litres illicit liquor was

                   recovered from the seized Bolero vehicle.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the vehicle in question and he has been made accused

                   in this case merely on suspicion.

                                5. Learned A.P.P. for the State opposed the bail

                   application.
              Patna High Court CR. MISC. No.28535 of 2026(2) dt.04-05-2026
                                                          2/2




                                     6. Considering the aforesaid facts and circumstances

                        of the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Judge,

                        Excise Court-II, West Champaran, Bettiah in connection with

                        Balthar P. S. Case No. 39 of 2026, subject to condition as laid

                        down under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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