Patna High Court
Md. Irfan @ IrfanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Md. Irfan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, with 31 litres of liquor recovered from a motorcycle. The petitioner argued that the liquor was not in his physical possession and that his name appeared only in the statements of co‑accused, asserting a clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court noted that the recovery was not made from the petitioner’s possession and, considering his clean record, found no substantive ground to deny bail. Consequently, the court granted anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a)
- clean antecedent
- recovery not in possession
- CrPC 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42887 of 2026
Arising Out of PS. Case No.-228 Year-2026 Thana- GAYA KOTWALI District- Gaya
======================================================
Md. Irfan @ Irfan, S/o Md. Eqbal, Resident of Mohalla- Kiranighat River
Side Road, P.S.- Kotwali, District- Gaya Ji At present- Pamchayati Akhara,
Neem Gali, Paschmi Sarai Road, P.S.- Kotwali, District- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kotwali P.S. Case
No.228 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 31 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the alleged recovery was made from a
Motorcycle bearing Registration No. BR02AP-5319. It is further
submitted that nothing has been recovered from the conscious
possession of the petitioner. It is also pointed out that the
Patna High Court CR. MISC. No.42887 of 2026(2) dt.01-07-2026
2/2
name of the petitioner surfaced solely on the disclosure
statement made by co-accused, namely, Md. Hasnain and Md.
Tanbir Alam, who were apprehended from the spot. The
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 of note of fact as recovery of illicit liquor prima facie not
appears to be made from physical possession of this petitioner,
accordingly, the petitioner above-named, who is a man of clean
antecedent 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 Exclusive Special Judge
Excise-IV, Gaya in connection with Kotwali P.S. Case No.228
of 2026, 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.)
Raushan/-
U T
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