Patna High Court
Somitullah @ TanveerversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail was not granted as the case was not deemed fit for such relief.
Summary
The petitioner, Somitullah @ Tanveer, sought anticipatory bail fearing arrest in a case concerning the alleged recovery of 16,000 litres of raw spirit. The FIR dated 5 October 2019 charges him under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act sections 30(A), 33, 41 and 47. He contended that the allegations are fabricated, that his name was disclosed by an apprehended co‑accused, and that he is innocent. The State opposed the bail, highlighting that the petitioner is implicated in ten similar cases. After considering the facts, the Court held that the circumstances did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was refused.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the present excise case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(A), 33, 41, 47
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illegal liquor
- excise law
- IPC
- prohibition act
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30746 of 2026
Arising Out of PS. Case No.-238 Year-2019 Thana- BAISI District- Purnia
======================================================
Somitullah @ Tanveer Son of Nizamuddin Resident of Dalkola, West
Matiyari Ward No. 12, P.S.- Dalkola, Distt.- North Dinajpur (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard Mr. Saroj Kumar Choudhary, learned counsel
for the petitioner and Mrs. Suman Kumari Singh, learned APP
for the State.
2. The petitioner is apprehending his arrest in
connection with Baishi P.S. Case No. 238 of 2019, F.I.R. dated
05.10.2019 registered for the offences punishable under
Sections 272, 273 of the Indian Penal Code and Sections 30(A),
33, 41, 47 of the Bihar Prohibition and Excise Act.
3. The case relates to recovery of 16000 (sixteen
thousand) litres of raw spirit.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
Patna High Court CR. MISC. No.30746 of 2026(2) dt.01-07-2026
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committed any offence as alleged in the F.I.R and the name of
the petitioner has been transpired on the basis of disclosure
made by apprehended co-accused person.
5. Learned APP for the State, on the other hand,
opposed the prayer for anticipatory bail of the petitioner and
submits that from perusal of the paragraph-3 of the bail petition
which suggests that the petitioner is involved in ten cases of
similar nature other than the present one.
6. Considering the aforesaid facts and circumstances
of the case, this is not a fit case for grant of anticipatory bail and
hence, I am not inclined to grant the privilege of anticipatory
bail to the petitioner in connection with Baishi P.S. Case No.
238 of 2019 pending in the Court of learned Exclusive Special
Judge, Excise Court No. 1, Purnea.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ibrar//-
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