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Patna High Court

Sabir Miya @ Fudri @ Md. Sabbir @ Md. SabeerversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to the stipulated conditions.

Summary

The petitioners, Sabir Miya and Rajendra Mahto, feared arrest in a case involving the alleged recovery of 60 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, no prior criminal record, and offered to donate Rs. 25,000 to a charitable institution without admitting guilt. The High Court, after hearing counsel, allowed the anticipatory bail application, directing the petitioners to furnish a bail bond of Rs. 10,000 each with two sureties, and to comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS. Conditions included depositing the charitable amount, producing the receipt, and reporting to designated police stations on the first and third Sundays of each month, with default leading to cancellation of bail. The order thus granted anticipatory bail subject to these safeguards.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in the alleged illicit‑liquor case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed—charitable donation, police‑station attendance, and bail bond—are permissible under Section 438(2) CrPC and Section 482 BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • Section 482 BNSS
  • bail conditions
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37827 of 2026
                     Arising Out of PS. Case No.-23 Year-2026 Thana- ANTICHAK District- Bhagalpur
                 ======================================================
           1.     Sabir Miya @ Fudri @ Md. Sabbir @ Md. Sabeer S/o Purwani Miya
                  Resident of Village- Birbanna, P.S- Antichak, Distt.- Bhagalpur
           2.    Rajendra Mahto S/o Late Bhujangi Mahto R/o vill - 58, Taufil, P.S.- Ekchari,
                 Distt.- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar No.6
                 For the Opposite Party/s :       Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Antichak P.S. Case No. 23 of 2026 registered

                   for the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                   3. As per the prosecution case, the recovery is of

                   60 liters of illicit liquor.

                                   4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case.

                                     5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.37827 of 2026(2) dt.16-06-2026
                                            2/3




          the petitioners is ready to donate Rs. 25,000/- collectively in

          some charitable organization without accepting his guilt. He

          further submits that the petitioner has no criminal antecedent.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioners, above named, in the event of

          their arrest or surrender before the concerned Court below

          within four weeks from today, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the concerned Court

          below in connection with Antichak P.S. Case No. 23 of 2026,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- collectively in

          Ramakrishna Mission Vidyapith, Ramakrishna Nagar, P.O.

          Vidyapith Deoghar, Jharkhand and produce the receipt of the

          same before the Court below. The bail bonds of the petitioners

          shall be accepted after verifying the genuineness of the receipt

          produced by the petitioners.

                       9. As a condition of this order, the petitioner no. 1,

          after being released on anticipatory bail, is directed to mark his
          Patna High Court CR. MISC. No.37827 of 2026(2) dt.16-06-2026
                                                      3/3




                    attendance at Antichak Police Station on first and third Sunday

                    of each month. Similarly the petitioner no. 02 is directed to

                    mark his attendance at Ekchari Police Station on first and third

                    Sunday of each month. Any default in appearance at the police

                    station will result in cancellation of bail bonds of the petitioners.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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