Afroz Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Afroz Alam Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail to the petitioner in the event of arrest or surrender before the Trial Court within 4 weeks, on furnishing bail bond of Rs. 30,000/- (Section 2(1)(d), BNSS 2023) to the satisfaction of the Exclusive Special Excise Judge, II, Kishanganj, in Special Case No. 96 of 2024, subject to conditions under Section 482(2) of the BNSS, 2023, with a direction to the Trial Court to verify criminal antecedents without delaying acceptance of the bail bond.

Issue for consideration

Whether the petitioner, apprehending arrest in Special Case No. 96 of 2024 arising out of Madya Nisedh P.S. Case No. 93 of 2024 under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: the petitioner to be released on anticipatory bail in the event of arrest or surrender before the Trial Court within 4 weeks, on furnishing bail bond of Rs. 30,000/- under Section 2(1)(d) of the BNSS, 2023 to the satisfaction of the Exclusive Special Excise Judge, II, Kishanganj, in Special Case No. 96 of 2024, subject to conditions under Section 482(2) of the BNSS, 2023.

Ratio / Principle

The Trial Court shall verify the petitioner's criminal antecedents; if concealment of antecedents is found at any stage, the Trial Court shall take steps for cancellation of the bail bond, but acceptance of the bail bond shall not be delayed for the purpose of or in the name of verification.

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Prohibition and Excise (Amendment) Act, 2022, Ss. 30(a) & 32(3) - recovery of 1.25 litres of illicit liquor - petitioner not named in FIR, nothing recovered from his possession, clean criminal antecedents (as submitted by counsel) - anticipatory bail granted in the event of arrest or surrender within 4 weeks, on bail bond of Rs. 30,000/- under S. 2(1)(d) BNSS, 2023, to the satisfaction of Exclusive Special Excise Judge, II, Kishanganj, in Special Case No. 96 of 2024, subject to conditions u/s 482(2) BNSS, 2023 - Trial Court to verify criminal antecedents; concealment to invite cancellation of bail bond, but acceptance of bail bond not to be delayed for verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15790 of 2026

Arising Out of PS. Case No.-93 Year-2024 Thana- Excise P.S. District- Kishanganj

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Afroz Alam S/o Mazebul Alam R/o Village - Motihara, Belwa ward No. 11, P.S - Kishanganj, District - Kishanganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., APP

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 25-03-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending arrest in connection with Special Case No. 96 of 2024, arising out of Madya Nisedh P.S. Case No. 93 of 2024, dated 24.01.2024, lodged under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution, total recovery of 1.25 litres of illicit liquor has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is not named in the FIR. Furthermore, he submits that the criminal antecedent of the petitioner is clean.

Patna High Court CR. MISC. No.15790 of 2026(2) dt.25-03-2026 2/2

Learned APP for the State opposes the prayer for bail of the petitioner.

As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Judge, II, Kishanganj, in connection with Special Case No. 96 of 2024, arising out of Madya Nisedh P.S. Case No. 93 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

It is further directed that the Trial Court shall verify the criminal antecedent of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner’s bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.

(Dr. Anshuman, J.)

Aman Kumar/- U T