Created by Fuzzy Cloud

Patna High Court

Md Nazim @ NazimversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bond, sureties and conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Md Nazim, applied for anticipatory bail after a motorcycle allegedly owned by him was seized with 500 ml of beer, constituting offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that the motorcycle had been handed over to his cousin, Md Mokir Alam, and that he was not in control of the vehicle at the time of the seizure, also alleging non‑compliance with procedural requirements under Sections 103 and 105 of the Bharatiya Nagrik Suraksha Sanhita. The State opposed the bail. The Court examined the facts, the alleged procedural lapses, and the relevance of ownership and control, and decided to grant anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs the petitioner to surrender within six weeks if arrested and to comply with the bail conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the procedural provisions of Sections 103 and 105 of the Bharatiya Nagrik Suraksha Sanhita were complied with during the seizure.
  • Whether ownership and control of the vehicle are sufficient grounds to deny bail.
  • Whether Section 482(2) of the BNSS can be invoked to impose conditions on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession of alcohol
  • procedural lapse
  • Section 482
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34454 of 2026
                     Arising Out of PS. Case No.-460 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Md Nazim @ Nazim S/O Md Mahboob Alam R/O Vill.- Ambari, P.S- Pothia,
                 District - Kishanganj
                                                                       ... ... Petitioner
                                             Versus
                 The State Of Bihar Patna
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :         Mrs. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   19-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                    2. This application for anticipatory bail arises out

                   of Madhya Nisedh P.S. Case No. 460 of 2026, giving rise to

                   Special Case No. 465 of 2026, registered for the offence

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                    3. As per the allegation, 500 ml of beer was

                   recovered from a motorcycle. The petitioner is alleged to be the

                   owner of the motorcycle in question from which the alleged

                   recovery has been made.

                                    4. Learned counsel for the petitioner has submitted

                   that the petitioner had given the motorcycle to his cousin

                   brother, namely, Md. Mokir Alam, as he requested the petitioner

                   to give the same for his personal work and hence petitioner was
          Patna High Court CR. MISC. No.34454 of 2026(2) dt.19-05-2026
                                                      2/2




                    not aware that the co-accused would be doing such act. It has

                    further been submitted that at the time of search and seizure, the

                    motorcycle was not under the control of the petitioner. It has

                    also been submitted that the procedure prescribed under

                    Sections 103 and 105 of the BNSS have not been followed.

                                    5. Learned counsel for the State opposed the prayer

                    of anticipatory bail of the petitioner.

                                 6. Heard the parties and perused the record.

                                 7. Considering the facts and circumstances, let the

                    petitioner above named, in the event of his arrest/surrender

                    within six weeks from today in the Court below, be released on

                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned Exclusive Special Judge Excise-II, Kishanganj, in

                    connection with Madhya Nisedh P.S. Case No. 460 of 2026,

                    giving rise to Special Case no. 465 of 2026, subject to the

                    conditions as laid down under Section 482(2) of the Bhartiya

                    Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.