Patna High Court
SABBU @ SIBTULLAH @ SHIBATULLAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court directed that the petitioner be released on bail, finding no prima facie evidence of his physical possession of the illicit liquor.
Summary
The petitioner, Sabbu @ Sibtullah, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly possessing 270.525 litres of illicit liquor seized from a pick‑up van he owned. He contended that the vehicle was rented to co‑accused and that he had no knowledge of the liquor being carried, asserting that the seizure was not made from his conscious physical possession. The State opposed his bail, highlighting his involvement in five other criminal cases for which he was already on bail. The Court examined the factual submissions and noted that the recovery did not prima facie arise from the petitioner’s possession. Consequently, the Court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the accused despite alleged involvement in illicit liquor trade and prior criminal antecedents
- Whether the seized liquor can be said to have been in the accused’s physical possession
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a)
- Criminal Procedure Code — s. 437(3)
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- vehicle ownership
- possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44795 of 2026
Arising Out of PS. Case No.-455 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
SABBU @ SIBTULLAH @ SHIBATULLAH S/O Jawed @ Jawed Akhtar
Moti @ Jawed Akhtar Resident of Village- Nimchak Naka No. 05, Senapath,
Mukti Mohalla, Purani Musafi, Police Station- Town, District- Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 10-07-2026 At the outset, explanation, in terms of order dated
03.07.2026, is accepted.
2. Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. for the State.
3. The accused/petitioner seeks bail in connection with
Bahadurpur P.S. Case No. 455 of 2025 registered for the
offences under Sections 30(a) of the Bihar Prohibition & Excise
Act.
4. The accused/petitioner is named in the First
Information Report and is in custody since 12.05.2026.
5. The allegation against the petitioner is to have in
possession of 270.525 litres of illicit liquor and engaged in
illegal trading/manufacturing of illicit liquor. It is alleged that
the aforesaid illicit liquor was recovered from a Pick-Up Van
Patna High Court CR. MISC. No.44795 of 2026(3) dt.10-07-2026
2/3
bearing Registration No. BR07GC-3786.
6. Learned counsel appearing on behalf of the petitioner
submitted that Petitioner was the owner of the vehicle, which
was given on rent to apprehended co-accused persons, from
where illicit liquor was carrying and same was seized by police.
It is submitted that petitioner had no knowledge regarding
carrying of illicit liquor. It is further submitted that recovery of
illicit liquor was not made from conscious physical possession
of this petitioner.
7. While explaining criminal antecedent of the petitioner,
it is submitted that petitioner found involved in five criminal
cases, in which he is on bail.
8. Learned A.P.P. for the State has opposed the prayer for
anticipatory bail of the petitioner.
9. 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 physical possession of this
petitioner, accordingly, petitioner above-named, who is in
custody since 12.05.2026, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand
only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court-I,
Patna High Court CR. MISC. No.44795 of 2026(3) dt.10-07-2026
3/3
Darbhanga/concerned court, in connection with Bahadurpur P.S.
Case No. 455 of 2025, subject to the condition as laid down
under Section 437(3) Cr.P.C/Section 480(3) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
aniket/-
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