Patna High Court
Md. AtaullahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing release on bail bond with conditions.
Summary
The petitioner, Md. Ataullah, was not named in the FIR but was implicated in a case of illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Act after 16.2 litres of illicit liquor were recovered from a motorcycle he owned. He contended that the motorcycle had been sold to Vipin Patel and that he had no conscious possession of the liquor, also noting that he was already on bail in another criminal matter. The State opposed his request for anticipatory bail. The court examined the factual submissions and observed that the recovery did not appear to be from the petitioner's possession. Consequently, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and the alleged possession of illicit liquor is not established.
- Whether the recovery of liquor from a vehicle owned by the petitioner suffices for arrest under the Bihar Prohibition and Excise Act.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS in granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- Section 482 BNSS
- possession
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40946 of 2026
Arising Out of PS. Case No.-133 Year-2023 Thana- RIGA District- Sitamarhi
======================================================
Md. Ataullah S/O Late Md. Manzoor R/O Vill- Chandi Rajwara, P.S- Bela,
Dist- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Krishna Murari, Advocate
For the Opposite Party : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 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 Riga P.S.
Case No.133 of 2023 registered under Section 30(a) of
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 16.2 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
the reason that he was the owner of the motorcycle. It is
Patna High Court CR. MISC. No.40946 of 2026(2) dt.25-06-2026
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also submitted that motorcycle of petitioner was sold to one,
namely, Vipin Patel,. It is further submitted that petitioner
is not in any way connected with the motorcycle nor to the
liquor recovered from the motorcycle. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. Explaining criminal antecedent,
it is submitted that the petitioner found involved in one more
criminal case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, 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 learned Court of Exclusive Special Judge,
Excise I, Sitamarhi, in connection with Riga P.S. Case
Patna High Court CR. MISC. No.40946 of 2026(2) dt.25-06-2026
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No.133 of 2023, 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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