Patna High Court
Jairul Haque MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions specified under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Jairul Haque Mian, sought anticipatory bail after being implicated in a case (PS Case No. 277 of 2022) for alleged possession of 5.100 litres of illicit Nepali liquor recovered from his motorcycle, alleged to violate Section 414 of the IPC and Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. He contended that the motorcycle had been stolen, he was not arrested at the spot, the procedural requirements under Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) were not observed, and he has a clean criminal record. The State opposed the bail. The Court examined the facts, the alleged procedural lapse, and the petitioner’s claim of innocence, and ordered that anticipatory bail be granted if the petitioner surrenders within six weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged possession of illicit liquor under IPC Section 414 and the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 105 of the Bharitya Nagrik Suraksha Sanhita were complied with.
- Whether the petitioner’s claim of a stolen vehicle and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
- Indian Penal Code — s. 414
Subjects
- anticipatory bail
- illicit liquor
- IPC 414
- Bihar Prohibition and Excise Act
- stolen vehicle
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34697 of 2026
Arising Out of PS. Case No.-277 Year-2022 Thana- CHHAURADANO District- East
Champaran
======================================================
Jairul Haque Mian S/O Hakim Mian R/O Vill.- Pipra, P.S.- Darpa, Dist.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending his arrest in
connection with Chhauradano Mahuawa P.S. Case No. 277 of
2022 registered for the offence punishable under Section 414 of
the I.P.C. and Sections 30(a), 32 and 41(1) of the Bihar
Prohibition and Excise Act.
4. As per the prosecution case, total 5.100 litres of
illicit Nepali country made liquor was recovered from a
motorcycle.
5. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.34697 of 2026(2) dt.20-05-2026
2/3
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being an owner of the seized
motorcycle from which the alleged liquor was recovered. It has
further been submitted that the petitioner was not arrested at the
spot. It has also been submitted that the motorcycle of the
petitioner had been stolen and, since it was an old vehicle, no
immediate steps could be taken for registration of the theft case.
In the meantime, the present occurrence took place, and the said
motorcycle was seized along with the illicit liquor. It has also
been submitted that the procedure prescribed under Section 105
of the B.N.S.S. has not been followed. Lastly, it has been
submitted that the petitioner has got clean criminal antecedent.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bonds of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
East Champaran, in connection with Chhauradano Mahuawa
Patna High Court CR. MISC. No.34697 of 2026(2) dt.20-05-2026
3/3
P.S. Case No. 277 of 2022, subject to the conditions as laid
down under Section 482(2) of the Bharitya Nagrik Suraksha
Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.