Patna High Court
Md. Rizwan @ Md. Rijwan SaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- BNSS — s. 103
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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