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Patna High Court

Md. GufranversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
                                                       3/3




                     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/-

U      T


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