Patna High Court

Md. SabirversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Md. Sabir, feared arrest in a case involving the seizure of 1,350 litres of liquor from six motorcycles, alleged under Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from the vehicles, while the petitioner asserted he owned only one motorcycle and had no knowledge of the contraband, citing lack of criminal antecedent and non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. The Court examined whether a prima facie case existed and whether anticipatory bail was appropriate. Relying on Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, the Court granted anticipatory bail, subject to a bond of Rs.15,000 and two sureties of equal amount, to be executed if the petitioner is arrested or surrenders within six weeks.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under the alleged offences
Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes grant of bail
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, can be invoked to grant anticipatory bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)

Subjects

anticipatory bail
liquor seizure
motorcycle ownership
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
Bihar Prohibition and Excise Act
Section 103
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.03290 of 2026
                    Arising Out of PS. Case No.-306 Year-2025 Thana- JAYNAGAR District- Madhubani
                 ======================================================
                 Md. Sabir S/O Md. Jumrat @ Md. Jumarat R/O Village- Usrahi, P.S - Deodha,
                 District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Alias Ashok Karn, 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 petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Jaynagar P.S. Case No. 306 of 2025 instituted for the

                   offences punishable under Sections 274, 275, 317(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 1350

                   litres of liquor was recovered from six motorcycles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of one of the motorcycles in question and
           Patna High Court CR. MISC. No.03290 of 2026(2) dt.19-01-2026
                                                       2/2




                     has no knowledge regarding the goods loaded in the vehicle.

                     Petitioner has no concern with the alleged recovery. Learned

                     counsel, therefore, submitted that prima-facie, no case is made

                     out against the petitioner.             The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Jaynagar P.S. Case

                     No. 306 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

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Md Iftekhar Mahmood