Patna High Court
Somitullah @ TanveerversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Somitullah, sought anticipatory bail fearing arrest in a case (Baisi P.S. Case No. 257 of 2021) involving alleged offences under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act. The prosecution alleged recovery of 630 litres of illicit liquor and relied on a self‑incriminatory statement of co‑accused Murshid Alam that named the petitioner. The petitioner contended he was falsely implicated due to a business dispute with the co‑accused and offered to donate Rs. 25,000 to charity without admitting guilt. The State opposed the bail, but the court, noting the petitioner was not caught in the act and considering the submissions, granted anticipatory bail with a cash bond, sureties and several conditions, including deposit of the charitable sum, monthly police attendance, and cooperation with the trial. The order was made on a prima facie basis and does not prejudice the merits of the criminal trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate.
- Whether the allegations under IPC sections 272, 273 and the Bihar Prohibition and Excise Act warrant denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 47
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33525 of 2026
Arising Out of PS. Case No.-257 Year-2021 Thana- BAISI District- Purnia
======================================================
Somitullah @ Tanveer S/o Nizamuddin R/o Dalkola, West Matiyari Ward no.
12, P.S. - Dalkola, Dist. - North Dinajpur(West Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
Mr. Saroj Kumar Choudhary, Adv.
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Baisi P.S. Case No. 257 of 2021 registered for offences
under Section 272 and 273 of the I.P.C. read with Sections
30(a), 41 and 47 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
630 litres of illicit liquor from a Bolero pick-up. The name of
the petitioner has surfaced on the self-inculpatory statement of
co-accused Murshid @ Md. Murshid Alam @ Murshid Alam.
4. Learned senior counsel for the petitioner submits
that the petitioner is quite innocent and has not committed any
offence and has falsely been implicated in different cases at the
instance of co-accused Murshid Alam as there is a dispute
Patna High Court CR. MISC. No.33525 of 2026(2) dt.19-06-2026
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between Murshid Alam and the petitioner in the business of
maize and the petitioner has falsely been implicated in eleven
other cases also. The petitioner undertakes to donate a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand Only) to a
charitable organization, without prejudice to his defence and
without admitting guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the submissions made by the
learned senior counsel for the petitioner and also the facts that
the petitioner was not caught on the spot, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with
two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor Court
in connection with Baisi P.S. Case No. 257 of 2021, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S., also with further conditions that:-
(i) The petitioner shall deposit a
sum of Rs. 25,000/- (Rupees Twenty-Five
Patna High Court CR. MISC. No.33525 of 2026(2) dt.19-06-2026
3/3
Thousand Only) with Ramakrishna Math,
Bhatta Bazar, Purnea, Bihar 854301 and
shall produce a valid receipt thereof before
the court below. The bail bonds shall be
accepted only after verification of the
genuineness of the said receipt.
(ii) The petitioner shall mark his
attendance at Dinajpur (West Bengal) Police
Station on first Sunday of each month. In the
event of default, the bail bonds shall be
liable to be cancelled.
(iii) The petitioner shall appear in
the trail regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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