Patna High Court
MD. JASUDDIN @ JASMUDDINversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that, despite the petitioner's prior criminal cases, anticipatory bail was warranted under the applicable provisions, subject to bond and conditions.
Summary
The petitioner, Md. Jasuddin, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 alleging recovery of 10.2 litres of wine from his grandson's house. The petitioner argued that he had no involvement, that the house was separate, and highlighted his advanced age of about 70 years. The State opposed bail, pointing to three pending criminal cases against the petitioner, including two under the IPC and one under the Excise Act with similar allegations. The court considered the petitioner's criminal antecedents, the separation of residence, and the statutory provisions governing anticipatory bail. It granted anticipatory bail on the condition of a Rs.30,000 bond and compliance with Section 2(1)(d) and Section 482(2) of the Bihar Non‑Compounding of Offences (Special) Act, 2023, for a period of four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the petitioner's prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the separate residence of the petitioner’s grandson affects the petitioner's liability.
Legislation cited
- Bihar Non‑Compounding of Offences (Special) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- excise law
- prohibition act
- criminal antecedent
- separate residence
- bond condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36150 of 2026
Arising Out of PS. Case No.-85 Year-2026 Thana- Mehsoul District- Sitamarhi
======================================================
Md. Jasuddin @ Jasmuddin Son Of Late Ijajul Resident Of Village - Mehsaul
Ward No. 27 Police Station -Mehsaul, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Adv.
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard Learned Counsel for the petitioner and
Learned APP for the State.
3. The petitioner is apprehending arrest in connection
with Mehsaul P.S. Case No. 85 of 2026 lodged on 28.03.2026,
for the offences punishable under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
4. As per the prosecution, FIR has been lodged against
two named accused persons including the present petitioner with
allegation that there is recovery of 10.2 litres wine from the
house of Md. Sameer (petitioner’s grandson).
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.36150 of 2026(2) dt.02-06-2026
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also submits that name of the petitioner has figured in this case
only due to reason that petitioner is grand father of Md. Sameer.
He further submits that the house of his grand son is separate
and he has separate mess and separate ration card.
6. Counsel further submits that criminal antecedent of
the petitioner is not clean as there are three criminal cases
pending against him in which two cases are relating to IPC and
one case is of the Excise Act with the same allegation and in the
said case, recovery has been made from the house of Md.
Sameer, but name of petitioner has been inserted in this case.
7. Counsel further submits that the petitioner is aged
about 70 years.
8. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean and from paragraph 7 of the bail
petition, the plea has been that the petitioner and his grand son
are living separately.
9. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
Patna High Court CR. MISC. No.36150 of 2026(2) dt.02-06-2026
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as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Judge 2nd Sitamarhi in
connection with Mehsaul P.S. Case No. 85 of 2026, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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