Patna High Court
Md. Adib AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, as the allegations did not establish direct possession or sufficient grounds for denial of bail.
Summary
The petitioner, Md Adib Alam, a supervisor with Tejas Rajdhani Coach, sought anticipatory bail fearing arrest in a case alleging possession of 30.75 litres of liquor recovered from Rajendra Nagar Railway Station and related offences under the Bihar Prohibition and Excise (Amendment) Act, 2018, the Bihar Narcotic Substances Act and the Prevention of Corruption Act, 1988. He contended that he was not arrested on the spot, the liquor was not found in his conscious possession, and the only link to the crime was a Rs 30,000 UPI transfer he received and subsequently passed on to another individual. The State opposed the bail, arguing the allegations warranted detention. The Court examined the lack of direct possession, the petitioner’s clean antecedents, and the nature of the financial transactions, and concluded that anticipatory bail could be granted subject to strict conditions. Accordingly, the Court ordered that if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 1,000 with two sureties of the same amount, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the alleged offences under the Bihar Prohibition and Excise (Amendment) Act, the Bihar Narcotic Substances Act and the Prevention of Corruption Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 199, 212, 229(2), 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Prevention of Corruption Act, 1988 — s. 13(2), 7
Subjects
- anticipatory bail
- prohibition law
- excise
- narcotic offences
- corruption
- money transfer
- railway station
- liquor smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3245 of 2026
Arising Out of PS. Case No.-692 Year-2024 Thana- PATNA GRP CASE District- Patna
======================================================
Md. Adib Alam S/O Md. Naiem Resident of Milki Mohalla Gurhatta Gali,
P.S- Arrah Town, Dist- Bhojpur, Bihar-802301
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Vigilance State of Bihar at Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ataul Haque, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
For the O.P. No. 2 : Mr. Anil Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel appearing on behalf of
the opposite party no. 2.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 30(a), 41,
44, 51 and 52 of the Bihar Prohibition and Excise (Amendment)
Act, 2018, Sections 199, 212, 229(2) and 61(2) of the BNS as
well as Sections 7 and 13(2) of the Prevention of Corruption
Act, 1988.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 30.75 litres of liquor from two trolley bags from
platform no. 1 of Rajendra Nagar Railway Station.
Patna High Court CR. MISC. No.3245 of 2026(2) dt.30-01-2026
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4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that he
received an amount of Rs.30,000/- in his account through UPI
from one Pallavi Kumari and thereafter petitioner transferred the
said amount in the account of one Paskal Ekka. It is next
submitted that it absolutely defies all logic, wisdom and
reasonable administrative behavior that had the petitioner been
involved in such type of occurrence then the petitioner would
never have accepted the amount credited in his account through
UPI from Pallavi Kumari nor would have transferred the same
to Paskal Ekka knowing that they are involved in such
obnoxious activity. It is also submitted that petitioner is a
Supervisor with Tejas Rajdhani Coach.
5. Learned A.P.P. for the State and Mr. Anil Singh,
learned counsel appearing on behalf of the opposite party no. 2
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.3245 of 2026(2) dt.30-01-2026
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anticipatory bail on furnishing bail bonds of Rs.1,000/- (Rupees
One Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/Successor Court in connection with GRP Rajendra
Nagar P.S. Case No. 692 of 2024, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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