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Patna High Court

Irfan Alam @ Irfan AnsariversusThe State of Bihar

Decided
Disposal
DISMISSED

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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