Patna High Court

Md. AnwarulversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Md. Anwarul, feared arrest in a case (Ladaniya PS Case No. 236 of 2025) involving alleged possession of 225 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged the liquor was recovered from a motorcycle, while the petitioner claimed he was falsely implicated, his name having been supplied by a local chowkidar, and that he was not the owner of the vehicle nor involved in the seizure. He also asserted lack of any criminal antecedent and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 had not been complied with, arguing that no prima facie case existed. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioner surrenders within six weeks, furnishes a bail bond of Rs.15,000 with two sureties, and complies with Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the present case
Whether a prima facie case exists against the petitioner under the cited provisions
Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been satisfied

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)

Subjects

anticipatory bail
false implication
liquor seizure
prohibition law
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89135 of 2025
                     Arising Out of PS. Case No.-236 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Md. Anwarul S/o- Late Md. Hamid @ Hamid Miya Village- Yogiya PS-
                 Ladaniya District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Ladaniya PS Case No. 236 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act and Sections 274, 275 & 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.       The prosecution case, in short, is that total 225

                   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.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by local chowkidar. Petitioner is not the owner
           Patna High Court CR. MISC. No.89135 of 2025(2) dt.19-01-2026
                                                       2/2




                     of the motorcycle and he has no concern with the same.The

                     petitioner has got no concern with the alleged recovery of

                     liquor. The petitioner has no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner.

                             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, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Ladaniya PS Case

                     No. 236 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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