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Patna High Court

Habibur Rahman @ Habib Ur RahmanversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                        3/3




                      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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