Patna High Court
Irfan Alam @ Irfan AnsariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied.
Summary
The petitioners, Irfan Alam and Sanoj Kumar, applied for anticipatory bail in connection with Excise P.S. Case No. 1146 of 2025, which alleged that 2,500 litres of country-made liquor were recovered from 13 motorcycles. The prosecution alleged the petitioners' involvement under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, while the petitioners claimed innocence and that nothing was recovered from their conscious possession. The court examined the material evidence and the seriousness of the alleged offence, noting the large quantity of liquor seized. Finding that the petitioners were implicated during the investigation and that the recovery was substantial, the court was not inclined to grant anticipatory bail. Consequently, the application was dismissed and the petitioners were directed to surrender within two weeks to seek regular bail, failing which they would be arrested.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Prohibition and Excise Act in view of the alleged seizure of 2,500 litres of liquor.
- Whether the material on record justifies denial of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88765 of 2025
Arising Out of PS. Case No.-1146 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
1. Irfan Alam @ Irfan Ansari S/o- - Nasim Alam @ Mithu Village- Samarchak
PS- Gurpa, Dist- Gaya
2. Sanoj Kumar S/o- Ramchandra Yadav Village- Samarchak PS- Gurpa, Dist-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Excise P.S. Case No. 1146 of 2025 instituted under Sections
30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
2500 litres of country made liquor from 13 motorcycles.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have been falsely implicated in this
case. Nothing has been recovered from the conscious possession
of the petitioners.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.88765 of 2025(5) dt.15-01-2026
2/2
anticipatory bail of the petitioners.
6. The involvement of the petitioners have come during
investigation.
7. Considering the involvement of the petitioners and
the fact that huge recovery has been made from the petitioners, I
am not inclined to grant anticipatory bail to the petitioners.
8. Accordingly, this application stands dismissed.
9. The petitioners are directed to surrender within two
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Gaya Jee will take all steps for
arrest of the petitioners.
10. Let a copy of this order be communicated to the
Senior Superintendent of Police, Gaya Jee through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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