Patna High Court
Md. Irfan @ Ijrail @ Md. Irfan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Md. Irfan Alam, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 after a co‑accused’s confessional statement alleged that the petitioner was the pillion rider on a motorcycle carrying 9 litres of liquor. The petitioner argued that the confessional statement was inadmissible and that there was no other material evidence against him, asserting his innocence and lack of criminal antecedents. The State opposed bail, but the court noted that the petition was the first bail application and that no prima facie case existed beyond the co‑accused’s statement. Applying Section 482(2) of the B.N.S.S., 2023, the court granted bail on the condition of a Rs.10,000 bond with two sureties and stipulated cancellation if criminal antecedents or false statements were later discovered. The bail order was issued subject to the stipulated conditions.
Issues considered
- Whether bail can be granted when the only evidence against the petitioner is a co‑accused’s confessional statement.
- Whether the petitioner is entitled to bail under Section 482(2) of the B.N.S.S., 2023 in the absence of a prima facie case.
- Whether the petitioner’s claim of no prior criminal antecedents affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- bail
- confessional statement
- Bihar Prohibition and Excise Act
- B.N.S.S.
- Section 30(a)
- Section 482(2)
- criminal antecedents
- prima facie case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39245 of 2026
Arising Out of PS. Case No.-218 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Md. Irfan @ Ijrail @ Md. Irfan Alam S/o Hasrat Alam Resident of Village -
Banwaripur, Police Station -Bhagwanpur, District - Begusarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sarvottam Kumar, Advocate
For the State : Mr. Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Bhagwanpur P.S. Case No. 218 of 2025,
dated-14.07.2025, registered for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. As per allegation, the Petitioner and other co-
accused Md. Sameer were riding motorcycle and seeing the
police they started fleeing away. However, the Petitioner was
successful to flee away and one of the co-accused, Md. Sameer
was apprehended and 9 liter of liquor was recovered from the
bag being carried by him and as per the averment made in the
confessional statement of the co-accused, it is the Petitioner who
was sitting on the motorcycle along with him as a pillion rider.
Patna High Court CR. MISC. No.39245 of 2026(2) dt.17-06-2026
2/3
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that the case against the Petitioner is
based only on the so-called confessional statement of the co-
accused before the police which has no evidentiary value and
besides this inadmissible evidence there is no other material
against the Petitioner and no prima facie case is made out
against the Petitioner under the Excise Act.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.39245 of 2026(2) dt.17-06-2026
3/3
satisfaction of learned concerned Court below, in connection
with Bhagwanpur P.S. Case No. 218 of 2025, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S.,
2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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