Patna High Court
Md. Suleman @ SuleemanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession of the illicit liquor.
Summary
The petitioner, Md. Suleman, was implicated in a case of illegal liquor manufacturing after 10.200 litres of illicit liquor were seized from a motorcycle he owned. He was not named in the FIR and the prosecution alleged his involvement solely based on vehicle ownership, without evidence of his conscious possession or participation. The petitioner sought anticipatory bail, arguing lack of material linking him to the offence, while the Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the seizure did not prima facie establish the petitioner's possession. Consequently, the court granted anticipatory bail, subject to a bail bond and sureties, under the relevant provisions of the CrPC and the Bihar Prohibition and Excise Act.
Issues considered
- Whether anticipatory bail can be granted when the accused is implicated only on the basis of vehicle ownership without proof of possession or participation in the alleged offence.
Legislation cited
- Bihar Negotiable Instruments (or related) Special Statutes — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- possession
- CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42994 of 2026
Arising Out of PS. Case No.-93 Year-2024 Thana- AAJAM NAGAR District- Katihar
======================================================
Md. Suleman @ Suleeman, S/o Hamidur Rahman, R/o Barsoi Hatbangro
Goal Toli, P.S.- Barsoi, Dist.- Katihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate
For the Opposite Party/s : Mr. Suresh Prasad 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 not named in the FIR
and apprehending his arrest in connection with Azamnagar
P.S. Case No.93 of 2024 registered under Section 30(a) 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 10.200 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Bike bearing Registration No. BR39AP-3577. It is further
Patna High Court CR. MISC. No.42994 of 2026(2) dt.02-07-2026
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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 also
pointed out 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
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 Excise Court
Patna High Court CR. MISC. No.42994 of 2026(2) dt.02-07-2026
3/3
No.-II, Katihar in connection with Azamnagar P.S. Case
No.93 of 2024, 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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