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Patna High Court

Mozibul Rain @ Mazebul Hasan @ Mojebul @ Md. Mazebul HasanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents, with confirmation contingent on finding exactly four prior cases.

Summary

The petitioner, Mozibul Rain, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Negotiable Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of one litre of liquor from a public place. He argued that the liquor was not in his possession, the location did not belong to him, and that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on a bond of Rs.20,000 with two sureties, subject to Section 482(2) of the CrPC, and directed the trial court to verify the petitioner’s criminal antecedents. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; if exactly four are found, the bail would be confirmed. Thus, the petitioner received conditional anticipatory bail pending verification.

Issues considered

  • Whether anticipatory bail should be granted in a case under Sections 274, 275 BNS and Section 30(a) Excise Act where the alleged contraband was not in the petitioner’s possession.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the CrPC may be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • police investigation
  • criminal antecedents
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91696 of 2025
                 Arising Out of PS. Case No.-145 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Mozibul Rain @ Mazebul Hasan @ Mojebul @ Md. Mazebul Hasan S/O
                 Safid Rain @ Bholat Rain @ Bholtan Rain @ Md. Safid Rain R/O Village-
                 Thadhi tola Dhobiyahi Ward No- 4, P.S.- Andhrathadhi, Distt.- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ratnakar Jha
                 For the Opposite Party/s :      Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 274, 275 of

                   the BNS and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases under the Excise Act and

                   allegation is of recovery of 1 litres of liquor from a place near

                   the old government hospital. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and even alleged recovery is

                   from a place which does not belong to the petitioner and is

                   accessible to public at large. It is next submitted that once an
Patna High Court CR. MISC. No.91696 of 2025(2) dt.13-01-2026
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          accused is implicated in a case relating to excise, the police

          starts implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.20,000/- (Rupees twenty thousand) with two sureties of the

          like amount each to the satisfaction of the learned trial court

          where the case is pending/successor court in connection with

          Andhrathadhi P.S. Case No.145/2025, subject to the conditions

          as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          four cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.91696 of 2025(2) dt.13-01-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of four

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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