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Patna High Court

Md. Rizwan @ Md. Rijwan SaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Md. Rizwan, sought anticipatory bail after a police case (Kesariya PS Case No. 162 of 2026) was filed under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 for alleged possession of 43.2 litres of foreign liquor seized from the open area behind his house. He contended that the seizure location was a public space and that the police had not complied with the procedure prescribed under Section 103 of the BNSS, and he highlighted his clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The Court examined the facts, the procedural lapse claim, and the petitioner’s antecedents, and, applying Section 482(2) of the Bharitya Nagrik Suraksha Sanhita, granted anticipatory bail on the condition of a Rs 10,000 bail bond with two sureties, provided the petitioner surrenders within six weeks. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the police complied with the procedural requirements of Section 103 of the BNSS in the seizure.
  • Whether the petitioner’s lack of prior criminal record justifies the grant of anticipatory bail.
  • What conditions may be imposed under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • foreign liquor seizure
  • Section 103 BNSS
  • Section 482(2) Bharitya Nagrik Suraksha Sanhita
  • video conferencing
  • bail bond
  • sureties
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34885 of 2026
                   Arising Out of PS. Case No.-162 Year-2026 Thana- KESARIA District- East Champaran
                 ======================================================
                 Md. Rizwan @ Md. Rijwan Sai Son of Mojin Sai @ Zim Shah Resident of
                 Village- Dilawarpur Ward No. 10, P.S.- Kesariya, District- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood
                 ======================================================
                 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 Kesariya P.S. Case No. 162 of 2026 registered

                   for the offence punishable under Section 30 (a) of the Bihar

                   Prohibition and Excise Act, 2022.

                                4. As per the allegation, altogether 43.2 liters of

                   foreign liquor was recovered from the husk “Bhusauliya”

                   behind the house of the petitioner.

                                5. Learned counsel for the petitioner has submitted

                   that the alleged place of seizure is the back side of the house of

                   the petitioner which is an open space accessible to all. It has
           Patna High Court CR. MISC. No.34885 of 2026(2) dt.20-05-2026
                                                       2/2




                     further been submitted that no procedure prescribed under

                     Section 103 of the BNSS has been followed. It has lastly been

                     submitted that the petitioner has got no criminal antecedents.

                                  6. Learned APP 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 bond 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 at Motihari, in connection with Kesariya PS

                     Case No 162 of 2026 subject to the conditions as laid down

                     under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.

                                  9. This application stands allowed.



                                                (Praveen Kumar, J)
M.E.H./-

U      T


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