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Patna High Court

Mohammad Jahruddin AnsariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner, subject to bond and sureties.

Summary

The petitioner, Mohammad Jahruddin Ansari, was not named in the FIR but was implicated in an alleged illegal liquor trade based on a disclosure by an apprehended individual. The police recovered 135 litres of illicit liquor, but there was no evidence of the petitioner's conscious physical possession. The petitioner, who has a clean antecedent, sought anticipatory bail under Section 438 of the CrPC. The Additional Public Prosecutor opposed the bail, but the court noted the lack of direct possession and the petitioner's clean record. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged involvement in illegal liquor trade without direct possession.
  • Whether the disclosure by an apprehended person suffices to name the petitioner in the FIR.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • excise law
  • Section 438 CrPC
  • clean antecedent
  • possession
  • FIR

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40137 of 2026
                     Arising Out of PS. Case No.-176 Year-2026 Thana- Excise P.S. District- Lakhisarai
                 ======================================================
                 Mohammad Jahruddin Ansari, S/o Md. Kadir Ansari, Resident of Village -
                 Nimadih, P.S. -Hirodhi, District - Gridih.



                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar


                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :           Mr.Shaukat Alam, Advocate
                 For the Opposite Party :           Mr.Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026                      Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Excise P.S.

                   Case No.176c2 of 2026 registered under Sections 30(a) of

                   the Bihar Prohibition and Excise Amendment Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 135 liters of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.40137 of 2026(2) dt.23-06-2026
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          the petitioner that the name of petitioner transpired on the

          basis of disclosure made by one of the apprehended person.

          The recovery of alleged illicit liquor was from scorpio. It is

          submitted that the recovery of illicit liquor was not made

          from conscious physical possession of the petitioner.

          Petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking 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 Court of District and Additional Sessions

          Judge VIIth cum Exclusive Special Excise Court, Lakhisarai ,in

          connection with Excise P.S. Case No.176c2 of 2026, subject
               Patna High Court CR. MISC. No.40137 of 2026(2) dt.23-06-2026
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                         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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