Patna High Court
Md. AzadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, finding that the circumstances did not warrant denial of bail.
Summary
The petitioner, Md. Azad, was apprehended in connection with the seizure of 224.640 litres of illicit foreign liquor from a tempo allegedly owned by him, under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he is innocent, asserting that the tempo was rented to Md. Imran for a monthly rent of Rs.9,000 and that the driver, along with another accused, had already been granted regular bail. The prosecution opposed the petition for anticipatory bail, arguing that the petitioner might be involved in the offence. The Court examined the facts, noting that the driver’s arrest and the rental arrangement raised reasonable doubt about the petitioner’s participation. Relying on Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the Court inclined to grant anticipatory bail with stringent conditions. Accordingly, the petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions regarding appearance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita in view of the alleged involvement in the seizure of illicit liquor.
- Whether the petitioner’s claim of ownership and rental of the tempo creates sufficient doubt to merit bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- excise seizure
- Section 438 CrPC
- Section 482 BNS
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33967 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Md. Azad S/O Md. Akbar Resident of Ward No. 14, Village- Marwan Khurd,
P.S- Karja, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhu Mala Kumari, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State through
virtual mode.
2. The petitioner is apprehending his arrest in
connection with Sadar Excise P.S. Case No. 332 of 2025
registered under Section 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, altogether 224.640 liter
of illicit foreign liqour has been recovered from a tempo.
4. Learned counsel for the petitioner submits that
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petitioner is innocent, has committed no offence and has falsely
been implicated in the present case. It is submitted that the
petitioner is owner of the seized tempo bearing no. BR06GC-
2231, which was given to Md. Imran on monthly rent of Rs.
9,000/-. It is next submitted that the driver Md. Imran was
handed over the aforementioned tempo and police apprehended
him along with Dilshad Ali and they have already been granted
regular bail by a Co-ordinate Bench of this Court vide order
dated 19.01.2026 passed in Cr. Misc. No. 2451 of 2026 in which
they have denied that they were the driver of tempo bearing no.
BR06GC-2231. This fact has been pointed out by the learned
APP during course of consideration.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
and that the so called driver Md. Imran was the factum of their
being arrested by the police from the spot with seized article has
not been denied and it is the case of the petitioner that the said
tempo was given to Md. Imran on monthly rent of Rs.9,000/-,
this Court is inclined to grant the privilege of anticipatory bail to
the petitioner.
7. Let the petitioner, above named, in the event of
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his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court No. 3,
Saran at Chapra in connection with Sadar Excise P.S. Case No.
332 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure / Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other
following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
Abhishek/-
U T
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