Patna High Court
Md. Jasim @ JasimversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail is denied to the petitioner.
Summary
The petitioner, Md. Jasim, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 67.215 litres of liquor were seized from a motorcycle. He contended that he was neither the owner nor the driver and had no knowledge of the liquor, asserting a false implication. The prosecution argued the seriousness of the offence, and the State opposed bail, highlighting the petitioner’s five prior similar criminal convictions. The court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and considered the petitioner’s criminal antecedents. Consequently, the court denied anticipatory bail but allowed the petitioner to surrender within six weeks to apply for regular bail, which would be decided on its merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts and his criminal antecedents.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with for granting anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedent
- Section 30(a)
- Section 103
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5572 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- ANGARH District- Purnia
======================================================
Md. Jasim @ Jasim S/o- Mokim @ Md. Mofiz R/v- Bara Pandarpur PS-
Rauta District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Angarh P.S. Case No. 90 of 2025 instituted for the
offences under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 67.215
litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that petitioner is neither the
owner nor the driver of the vehicle. The petitioner has got no
knowledge and concern with the alleged recovery of liquor.
Patna High Court CR. MISC. No.5572 of 2026(2) dt.03-02-2026
2/2
Learned counsel, therefore, submitted that prima-facie, no case
is made out against the petitioner. The petitioner has five
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the fact that petitioner bears five criminal
antecedent of similar nature, this Court is not inclined to grant
anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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