Patna High Court
Md. Juman @ Juman Miyan @ Juman Bakho @ Md. Juman MiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not made from his conscious physical possession and he has a clean antecedent.
Summary
The petitioner, Md. Juman, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with ten litres of liquor recovered from a tanker. He contended that his name was linked to the case based on secret information and that the actual recovery was from co‑accused Mahfuj Alam, asserting that he had no conscious physical possession and a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The Court examined the factual submissions and noted that the recovery did not appear to be from the petitioner’s possession, and considered his clean record. Accordingly, the Court directed that the petitioner be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties, and to surrender within four weeks, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted subject to conditions prescribed by the Special Judge.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged involvement in illegal liquor trade under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40115 of 2026
Arising Out of PS. Case No.-154 Year-2026 Thana- KOTWALI District- Patna
======================================================
Md. Juman @ Juman Miyan @ Juman Bakho @ Md. Juman Miyan S/o
Chhote Miyan @ Lukhi Bakho Resident of Mohalla - Kamla Nehru Nagar,
P.S.- Patna Kotwali, District - Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh,Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR
and apprehending his arrest in connection with Patna
Kotwali P.S. Case No.154 of 2026 registered under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage
in illegal trade/manufacturing of illicit liquor, where there
is recovery of 10 liters of IMFL/country-made liquor from
tanker.
Patna High Court CR. MISC. No.40115 of 2026(2) dt.22-06-2026
2/3
4. It is submitted by learned counsel appearing
for the petitioner that the name of petitioner transpired
on the basis of secret information whereas in actual the
illicit recovery was made from co-accused Mahfuj Alam. It
is submitted that the petitioner claimed clean antecedent.
Admittedly the recovery of illicit liquor was not made from
conscious physical possession of the petitioner.
5. Learned APP opposed the prayer of
anticipatory bail to the petitioner.
6. In view of aforesaid factual submissions and
by taking of note of fact as recovery of illicit liquor prima
facie not appears to be made from conscious physical
possession of this petitioner who is a man of clean
antecedent, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Bihar Prohibition
and Excise- I, Patna in connection with Patna Kotwali P.S.
Patna High Court CR. MISC. No.40115 of 2026(2) dt.22-06-2026
3/3
Case No.154 of 2026, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J)
Aniket/-
U T
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