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Patna High Court

Somitullah @ TanveerversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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