Patna High Court
Md. YakubversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, Md. Yakub, applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 225 litres of illicit liquor in a Swift Dezire. The police seized the vehicle and liquor based on secret information, but the petitioner claimed he neither owned the vehicle nor had possession of the liquor and has no prior criminal record. The court examined the submissions of counsel and noted the lack of criminal antecedent and ownership. Considering these factors, the court was inclined to grant anticipatory bail. The application was allowed, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC despite allegations under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the petitioner’s lack of vehicle ownership and absence of criminal antecedent justify the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29277 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Araria Sangram District- Madhubani
======================================================
Md. Yakub S/O Kadi Nat R/O Village- Islampur, P.S- Jhanjharpur, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha
For the Opposite Party/s : Mr. Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Arariya Sangram Police Station Case No. 15 of 2026,
dated 24.02.2026, disclosing offence under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. That the prosecution case, in brief, is that during vehicle
checking on secret information that the petitioner is going
towards Jhanjharpur with Swift Dezire car carrying illicit
liquor. When signed to stop, the driver of the said car
succeeded in fleeing away after abandoning the vehicle.
Upon search from the vehicle, total 225 litres of Nepali
country-made liquor was recovered and vehicle was
seized, bearing no. BR01-BH-3157.
Patna High Court CR. MISC. No.29277 of 2026(2) dt.06-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
due to oblique motive and on the basis of secret
information. He next submits that the vehicle, in question,
does not belong to the petitioner and illicit liquor has not
been recovered from conscious possession of the
petitioner and/or vehicle belonging to him. The petitioner
has got no criminal antecedent.
5. Regards being had to the submission advanced by learned
counsel for the parties and taking into consideration the
fact that the petitioner has got no criminal antecedent and
he is not the owner of the vehicle from where illicit liquor
has been recovered, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Court Special
Judge Excise, Jhanjharpur, Madhubani, in connection
with Arariya Sangram Police Station Case No. 15 of
Patna High Court CR. MISC. No.29277 of 2026(2) dt.06-05-2026
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2026, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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