Patna High Court
Md. FiyajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to a bond, sureties and compliance with conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
The petitioner, Md. Fiyaj, sought anticipatory bail after his auto‑rickshaw was seized with 36 litres of Nepali wine, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He claimed ownership of the vehicle but asserted that it had been handed over to a third party, Jinis Rai, and was not under his control at the time of seizure. He further contended that the seizure did not follow the procedures prescribed under Sections 103 and 105 of the BNSS and highlighted his clean criminal record. The State opposed the bail. After hearing both sides, the court held that bail could be granted provided the petitioner surrenders within six weeks, furnishes a bail bond of Rs 10,000 with two sureties, and complies with conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita. The anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise Amendment Act, Section 30(a).
- Whether the seizure of the auto‑rickshaw complied with the procedural requirements of Sections 103 and 105 of the BNSS.
- Whether the petitioner’s lack of control over the vehicle and absence of prior criminal record justify the grant of anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 103, 105
Subjects
- anticipatory bail
- prohibition law
- illegal liquor
- seizure procedure
- ownership of vehicle
- Bihar Prohibition and Excise Amendment Act
- BNSS
- Bharitya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35616 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- MAJORGANJ District- Sitamarhi
======================================================
Md. Fiyaj A/o Mohammad Abbulesh Resident of House No.472, Ward No.-
10, Sheohar, P.S.- Sheohar, District- Sheohar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj
For the Opposite Party/s : Mr.Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 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 Majorganj PS Case No 79 of 2026 registered
for the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Amendment Act.
4. As per the allegation, 36 liters of Nepali wine was
recovered from an auto rickshaw which was lying in an
abandoned state.
5. Learned counsel for the petitioner has submitted
that the petitioner is the owner of the seized auto rickshaw in
question from which the alleged recovery has been made. It has
Patna High Court CR. MISC. No.35616 of 2026(2) dt.21-05-2026
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further been submitted that the petitioner has given the said auto
rickshaw to one Jinis Rai to ply in absence of his regular driver,
namely, Mohan Kumar and, hence, the petitioner was not aware
as to how and under what circumstance, his auto rickshaw was
lying in an abandoned state with illicit liquor. It has further
been submitted that at the time of search and seizure, the said
auto rickshaw was not under the control of the petitioner. It has
further been submitted that no procedure prescribed under
Sections 103 and 105 of the BNSS has been followed. It has
lastly been submitted that the petitioner has got no criminal
antecedent.
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 his 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,
Sitamarhi, in connection with Majorganj PS Case No 79 of 2026
subject to the conditions as laid down under Section 482 (2) of
Patna High Court CR. MISC. No.35616 of 2026(2) dt.21-05-2026
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the Bharitya Nagrik Suraksha Sanhita.
9. This application stands allowed.
(Praveen Kumar, J)
M.E.H./-
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