Patna High Court
Mozibul Rain @ Mazebul Hasan @ Mojebul @ Md. Mazebul HasanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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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