Patna High Court
Mohammad Jahruddin AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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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