Patna High Court
Abdus Subhan @ Abdul Subhan @ Abdul SubhahanversusThe 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 his possession or involvement in the illicit liquor offence.
Summary
The petitioner, Abdus Subhan, was named in an FIR for alleged illegal manufacture and trade of illicit liquor involving 4.9 litres of codeine syrup, seized from a bike he owned. He contended that the case was filed under the Bihar Prohibition and Excise Act, not the NDPS Act, and that his name appeared only because he was the vehicle's registered owner, with no evidence of his conscious possession or involvement. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the seizure did not prima facie establish the petitioner's possession of the liquor. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing 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 can be granted when the alleged offence is under the Bihar Prohibition and Excise Act and not the NDPS Act
- Whether the petitioner’s ownership of the vehicle is sufficient to establish possession and liability for the seized illicit liquor
- Whether the seizure list, lacking independent witness testimony, can support a charge against the petitioner
Legislation cited
- Bihar Narcotic Substances (Special) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 30(f), 32(3), 34(b)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- possession
- NDPS Act
- bail bond
- codeine syrup
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42940 of 2026
Arising Out of PS. Case No.-465 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Abdus Subhan @ Abdul Subhan @ Abdul Subhahan Son Of Abdul Hakim
R/o Dangibari Ward no 7, Thana- Thakurganj, District- Kishanganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 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 Madya Nisedh
P.S. Case No.465 of 2026 arising out of Special Case No.
471 of 2026 registered under Sections 30(a), 30(f), 34(b)
and 32(3) of the 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 4.900 litres of Codeine Syrup.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.42940 of 2026(2) dt.02-07-2026
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a Bike bearing Registration No. BR37Q-0570. It is initially
submitted that the present case was instituted under the
provisions of the Excise Act and not under the NDPS Act. It
is further submitted that the petitioner’s name has been
surfaced in the present case solely on the ground that he is
the registered owner of the seized vehicle, and not on the
basis of any material demonstrating his conscious
possession, involvement or complicity in the alleged offence.
It is further submitted that seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. The petitioner has one criminal antecedent,
in which, 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 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, 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
Patna High Court CR. MISC. No.42940 of 2026(2) dt.02-07-2026
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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-II,
Kishanganj in connection with Madya Nisedh P.S. Case
No.465 of 2026 arising out of Special Case No. 471 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/-
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