Patna High Court

Habibur RahmanversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

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

Summary

The petitioner, Habibur Rahman, was implicated in a case of alleged possession of 57.24 litres of illicit liquor and illegal trading under Section 30(a) of the Bihar Prohibition and Excise Act, although his name does not appear in the FIR. The liquor was recovered from a motorcycle belonging to the petitioner, which had been given to a co‑accused, and no incriminating material was found in the petitioner's conscious possession. The petitioner, claiming a clean antecedent, applied for anticipatory bail, which the State opposed. The Court examined the facts and noted the lack of direct possession, and consequently ordered that the petitioner be granted anticipatory bail, subject to surrender within four weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted when the petitioner is not named in the FIR and no illicit liquor was found in his conscious possession.

Legislation cited

Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
clean antecedent
bail conditions
Section 30(a)
Section 438
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9521 of 2026
                    Arising Out of PS. Case No.-110 Year-2022 Thana- BALIA BELON District- Katihar
                 ======================================================
                 Habibur Rahman, Son of Late Md. Israil, Resident of Village- Nagdahi Belwa
                 ward no. 3, P.S.- Moffasil Ranipatra, District- Purnea
                                                                               ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nadimul Hasan, Advocate
                 For the Opposite Party/s :       Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   17-02-2026               Heard learned counsel for the petitioner and

                   learned APP for the State.

                             2. The accused-petitioner is not named in

                   the F.I.R. and apprehending his arrest in connection

                   with      Balia      Balon       P.S.    Case       No.110         of    2022

                   registered for the offence punishable under Section

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

                             3. The allegation against the petitioner is to

                   have in possession of 57.24 litres of illicit liquor

                   and engaged in illegal trading/manufacturing of

                   illicit liquor.

                             4. Learned counsel appearing on behalf of

                   the      petitioner        submitted           that      the      name            of

                   petitioner has been transpired in this case out of
Patna High Court CR. MISC. No.9521 of 2026(2) dt.17-02-2026
                                            2/3




          suspicion         arising       out     of     disclosure    made     by

          apprehended co-accused, in furtherance of which,

          no         incriminating                material          has       been

          recovered/surfaced                  from        conscious        physical

          possession of this petitioner rather same was

          recovered from Apache Motorcycle, which belongs

          to this petitioner, as son of petitioner has given

          alleged motorcycle to co-accused. The petitioner

          claimed clean antecedent.

                   5. Learned A.P.P. for the State has opposed

          the prayer for anticipatory bail of the petitioner.

                   6.         In     view       of     the    aforesaid     factual

          submissions and by taking note of the fact as

          recovery of illicit liquor prima-facie not appears to

          be made from conscious physical possession of

          this petitioner, who is a man of clean antecedent,

          accordingly, above-named petitioner, in the event

          of his arrest/surrender within a period of four

          weeks from this order, is directed to be enlarged

          on bail on furnishing of bail bond of Rs.10,000/-

          (ten thousand only) with two sureties of the like

          amount         each        to    the       satisfaction     of   learned
           Patna High Court CR. MISC. No.9521 of 2026(2) dt.17-02-2026
                                                       3/3




                     Exclusive           Special           Judge,        Excise     Court-1,

                     Katihar/concerned court in connection with Balia

                     Belon P.S.          Case No.110 of 2022, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C/Section           482(2)         of   the    Bhartiya   Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                  (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T

Continue reading with your account

Checking your session…