Patna High Court
Md. GufranversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie evidence of conscious possession.
Summary
The petitioner, Md. Gufran, was implicated in a case alleging possession of 135 litres of illicit Nepali liquor on his Honda Shine motorcycle, alleged to be a violation of Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the motorcycle had been looted earlier, a theft for which a separate FIR was filed in 2024, and argued that the liquor was not in his conscious possession at the time of the alleged offence. The State opposed his application for anticipatory bail. The court examined the factual submissions and noted that the recovery of liquor did not appear to be from the petitioner's conscious possession, and that he had a clean antecedent after an earlier acquittal. Consequently, the court granted anticipatory bail under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita, subject to a bond of Rs.10,000 and two sureties, to be filed within four weeks of the order. The bail is conditioned upon compliance with the directions of the Exclusive Special Judge, Excise Act, Madhubani.
Issues considered
- Whether anticipatory bail can be granted when the alleged possession of illicit liquor is not conscious to the accused
- Applicability of Section 438 Cr.P.C. and Section 482 B.N.S.S. in the present facts
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 274, 275
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- conscious possession
- Section 438
- Section 482
- Bihar Prohibition and Excise Act
- criminal procedure
- bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40147 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- BASOPATTI District- Madhubani
======================================================
Md. Gufran S/O Ahmad Hussain Resident of Village- Manapatti, PS-
Basopatti, Dist- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, not named in the F.I.R., is
apprehending his arrest in connection with Basopatti P.S. Case
No. 214 of 2025, G.R. No. 1198 of 2025 registered for the
offences punishable under Sections 274, 275 of the B.N.S. and
section 30(a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to have in
possession of 135 litres of Nepali country made liquor from
Honda Shine Motorcycle bearing Registration No. BR32R-7718
and engaged in illegal trade of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that the motorcycle of this petitioner was looted by
one Md. Irfan, for which the mother of petitioner lodged a case
which has been registered as Basopatti P.S. Case No. 77 of
Patna High Court CR. MISC. No.40147 of 2026(2) dt.23-06-2026
2/3
2024. It is pointed out that FIR in this connection was lodged on
02.05.2024, whereas the present occurrence took place on
06.09.2025 i.e. almost after one and half year. It is submitted
that admittedly recovery was not made from conscious
possession of this petitioner. Explaining criminal antecedent, it
is submitted that petitioner found involved in one more criminal
case of different nature, in which he has already been acquitted
after facing trial and, therefore, it can be safely said that
petitioner is a man of clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima-facie
not appears to be made from conscious possession of this
petitioner, accordingly, above-named petitioner, in the event of
his arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge, Excise Act, Madhubani/ concerned court in connection
with Basopatti P.S. Case No. 214 of 2025 arising out of G.R.
Case No. 1198 of 2025, subject to the conditions as laid down
Patna High Court CR. MISC. No.40147 of 2026(2) dt.23-06-2026
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under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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