Patna High Court
Sabir Miya @ Fudri @ Md. Sabbir @ Md. SabeerversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
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
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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
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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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