Patna High Court
Md. Noor Jahan @ Md. Noor AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Md. Noor Jahan, sought anticipatory bail after being implicated in a case involving the seizure of 45 litres of foreign liquor under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act, 2018. The co‑accused, while in police custody, named the petitioner, but no other material evidence was presented and the petitioner claimed he neither owned nor dealt with the illicit liquor. The petitioner argued that the procedural requirements of Section 105 of the Bharitya Nagrik Suraksha Sanhita (BNSS) were not complied with and that he has no criminal antecedents. The State opposed the bail, contending that the allegations warranted arrest. The Court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond with two sureties, subject to the conditions of Section 482(2) of the BNSS. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the only evidence is a confessional statement of a co‑accused.
- Whether the procedural safeguards under Section 105 of the BNSS were complied with.
- Whether the petitioner is likely to be arrested in connection with the alleged offence.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 105, 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 41
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- confessional statement
- Section 105
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34893 of 2026
Arising Out of PS. Case No.-136 Year-2025 Thana- SONBERSHA RAJ District- Saharsa
======================================================
Md. Noor Jahan @ Md. Noor Alam S/O Late Md. Usuf R/O Village/Mohalla-
Gangjala Saharsa, Ward No. 15, P.S. and Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subesh Sharma
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
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 Sonbarsa Raj PS Case No 136 of 2025
registered for the offence punishable under Sections 30 (a), 41
of the Bihar Prohibition and Excise Act, 2018.
4. As per the allegation, altogether 45 liters of foreign
liquor was recovered from a pick up van. Two persons were
arrested. The arrested persons disclosed the name of the
petitioner to be one of the persons engaged in sale and purchase
of the illicit liquor.
5. Learned counsel for the petitioner has submitted
that neither the petitioner is the owner nor he has got any
concern with the illicit liquor. It has further been submitted that
no procedure prescribed under Section 105 of the BNSS has
Patna High Court CR. MISC. No.34893 of 2026(2) dt.20-05-2026
2/2
been followed. It has also been submitted that except the
confessional statement of co-accused naming the petitioner
before the police while in police custody, there is no material
against the petitioner. 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,
Saharsa, in connection with Sonbarsa Raj PS Case No 136 of
2025 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
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