Patna High Court
Habibur Rahman @ Habib Ur RahmanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The application for anticipatory bail is allowed.
Summary
Habibur Rahman, the owner of an e‑rickshaw, was implicated in a case (Rampur P.S. Case No. 436 of 2025) where 70 litres of country‑made liquor were recovered from the vehicle. The petitioner argued that he merely rented the e‑rickshaw to Md. Aman Raj, was not named in the FIR, had no knowledge of the liquor, and possessed a clean criminal record. The State contended that ownership of the vehicle linked the petitioner to the offence under Section 30(a) of the Bihar Excise Act, 2022. The High Court considered the petitioner’s lack of direct involvement, the rental agreement, and his antecedents. It granted anticipatory bail, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing compliance with the Exclusive Special Excise Court.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is recovered can be granted anticipatory bail under the Bihar Excise Act, 2022.
- Whether the petitioner’s lack of knowledge and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- country‑made liquor
- vehicle ownership
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8743 of 2026
Arising Out of PS. Case No.-436 Year-2025 Thana- RAMPUR District- Gaya
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Habibur Rahman @ Habib Ur Rahman Son of Nayeemuddin @ Nayeem
Uddin Resident of Mohalla- West Sarai, Near Jama Masjid, P.S.- Kotwali,
District- Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Adv.
For the State : Ms. Sharda Kumari, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Rampur P.S. Case No. 436 of 2025 registered
for the offence punishable under Section 30(a) of Bihar Excise
Act, 2022.
3. As per prosecution case, there is alleged recovery
of 70 litre country made liquor from E-Rickshaw in question.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that petitioner is not named in the
FIR and during course of investigation, his name transpired in
this case being owner of E-Rickshaw in question. Petitioner had
Patna High Court CR. MISC. No.8743 of 2026(2) dt.18-02-2026
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given the said E-Rickshaw to Md. Aman Raj on rent for which
mutual agreement was done between them and copy of the same
is annexed as Annexure-P/3 to the bail petition. Petitioner bears
no criminal antecedent. He further submits that nothing has been
recovered from conscious possession of the petitioner. Petitioner
had no knowledge that alleged E-Rickshaw was being used in
carrying the illicit liquor and hence, he cannot be held
responsible for the alleged recovery. Petitioner was not found at
the place of occurrence. Petitioner has no concern with the
seized liquor. In the light of the aforesaid facts and
circumstances of the case, no case is made out against the
petitioner under the provisions of Bihar Prohibition and Excise
Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that petitioner
is owner of the E-Rickshaw in question from which 70 litre
country made liquor has been recovered and hence, petitioner
cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
Patna High Court CR. MISC. No.8743 of 2026(2) dt.18-02-2026
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above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special,
Excise Court No. 1, Gaya in connection with Rampur P.S. Case
No. 436 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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