Patna High Court
Ful Mohammad @ Md. FuloversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Ful Mohammad, was implicated in a case involving the seizure of 81 litres of Nepali liquor from an e‑rickshaw, based solely on a co‑accused’s confessional statement naming him. He argued that no incriminating material was recovered from his possession, he was not the owner of the e‑rickshaw, and the search and seizure were not conducted as required under Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.). The State opposed his anticipatory bail application. The Court examined the lack of substantive evidence and procedural lapses, and, invoking Section 482(2) of the B.N.S.S., granted anticipatory bail on the condition of a bail bond and sureties. The application was therefore allowed, providing the petitioner protection from arrest for six weeks pending surrender.
Issues considered
- Whether anticipatory bail can be granted in the absence of material evidence against the petitioner.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. regarding search and seizure warrants denial of arrest.
- Whether Section 482(2) of the B.N.S.S. empowers the Court to grant anticipatory bail in such circumstances.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 274, 275, 317(5)
Subjects
- anticipatory bail
- search and seizure
- procedural lapse
- liquor seizure
- Section 105
- Section 482
- Bihar Prohibition and Excise Act
- co‑accused testimony
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34746 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- JAYNAGAR District- Madhubani
======================================================
Ful Mohammad @ Md. Fulo S/o Late Faruk R/o - Baira Idgah Tol, Ward no.
5, P.S - Jaynagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Jaynagar P.S. Case No. 65 of 2026 of registered for the offences
punishable under Sections 274, 275 and 317 (5) of B.N.S and Section
30 (a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 81 litres of Nepali country
made liquor was recovered from E-rickshaw and one Mohammad
Sultan was arrested who was found driving the E-rickshaw. The
apprehended co-accused Mohammad Sultan named the petitioner to
be the person who fled away from the place of occurrence.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case.
It has further been submitted that except the confessional statement
of co-accused naming the petitioner before police while in police
Patna High Court CR. MISC. No.34746 of 2026(2) dt.20-05-2026
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custody, there is no material against the petitioner. It has further been
submitted that there is no recovery of incriminating article from the
possession of the petitioner. It has further been submitted that
petitioner is not the owner of the E-rickshaw in question from which
the alleged recovery has been made. It has further been submitted
that search and seizure as prescribed under Section 105 of B.N.S.S.
has not been followed. It has lastly been submitted that petitioner is
accused in one more case of similar but he is on bail.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as well as the nature of allegation against the petitioner, 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-bond of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court concerned in connection with Jaynagar P.S. Case No. 65 of
2026, subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
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