Md Nazim @ Nazim Vs The State Of Bihar — Patna HC (2026) — LawSathi Research

Md Nazim @ Nazim Vs The State Of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest/surrender within six weeks, on furnishing bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Kishanganj, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Issue for consideration

Whether the petitioner, alleged owner of a motorcycle from which 500 ml of beer was recovered, is entitled to anticipatory bail in connection with Madhya Nisedh P.S. Case No. 460 of 2026 / Special Case No. 465 of 2026 under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

Court's answer

Anticipatory bail granted: in the event of the petitioner's arrest or surrender within six weeks, he is to be released on bail on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Kishanganj, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner, alleged owner of a motorcycle from which 500 ml of beer was recovered, sought pre-arrest bail in Madhya Nisedh P.S. Case No. 460 of 2026 / Special Case No. 465 of 2026 (offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, District Kishanganj). Considering the facts and circumstances, the Court directed that in the event of arrest or surrender within six weeks the petitioner be released on bail on a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Kishanganj, subject to the conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. Defence had contended the motorcycle was lent to a cousin (Md. Mokir Alam) and that the Sections 103 and 105 BNSS search-and-seizure procedure was not followed; the Court passed no express ruling on those contentions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34454 of 2026

Arising Out of PS. Case No.-460 Year-2026 Thana- Excise P.S. District- Kishanganj

======================================================

Md Nazim @ Nazim S/O Md Mahboob Alam R/O Vill.- Ambari, P.S- Pothia, District - Kishanganj

... ... Petitioner

Versus

The State Of Bihar Patna

... ... Opposite Party

====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mrs. Shaheen Begum ======================================================

CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

2 19-05-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

This application for anticipatory bail arises out

of Madhya Nisedh P.S. Case No. 460 of 2026, giving rise to Special Case No. 465 of 2026, registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

As per the allegation, 500 ml of beer was recovered from a motorcycle. The petitioner is alleged to be the owner of the motorcycle in question from which the alleged recovery has been made.

Learned counsel for the petitioner has submitted that the petitioner had given the motorcycle to his cousin brother, namely, Md. Mokir Alam, as he requested the petitioner to give the same for his personal work and hence petitioner was

Patna High Court CR. MISC. No.34454 of 2026(2) dt.19-05-2026 2/2

not aware that the co-accused would be doing such act. It has further been submitted that at the time of search and seizure, the motorcycle was not under the control of the petitioner. It has also been submitted that the procedure prescribed under Sections 103 and 105 of the BNSS have not been followed.

Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.

Heard the parties and perused the record.

Considering the facts and circumstances, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Kishanganj, in connection with Madhya Nisedh P.S. Case No. 460 of 2026, giving rise to Special Case no. 465 of 2026, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

(Praveen Kumar, J)

Pawan/-

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