Allowed¶25

Md. Fiyaj v. The State of Bihar

Patna HC21 May 2026CR. MISC./35616/2026

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail; Section 30 (a) Bihar Prohibition and Excise Amendment Act; Majorganj PS Case No 79 of 2026, Sitamarhi; recovery of 36 liters of Nepali wine from an abandoned auto rickshaw; owner's plea of entrustment to Jinis Rai and absence of regular driver Mohan Kumar; alleged non-compliance with Sections 103 and 105 BNSS; no criminal antecedent; bail bond Rs 10,000/- with two sureties; Section 482 (2) BNSS conditions; application allowed.

What did the court decide?

Anticipatory bail: petitioner, in the event of arrest/surrender within six weeks, to be enlarged on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi, subject to conditions under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita. ¶25

Md. Fiyaj Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in connection with Majorganj PS Case No 79 of 2026 for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act, is entitled to anticipatory bail.

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Court's answer

Petitioner to be enlarged on anticipatory bail, in the event of his arrest/surrender within a period of six weeks, on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi, subject to conditions under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita.

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Detailed headnote1 paragraphs

Anticipatory bail - granted; application allowed. Petitioner, stated to be the owner of a seized auto rickshaw from which 36 liters of Nepali wine was allegedly recovered while the vehicle lay abandoned, apprehended arrest in Majorganj PS Case No 79 of 2026 for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act. He submitted that the vehicle had been given to one Jinis Rai to ply in the absence of his regular driver Mohan Kumar; that at the time of search and seizure the vehicle was not under his control; that the procedure prescribed under Sections 103 and 105 of the BNSS was not followed; and that he had no criminal antecedent. Held: in the event of his arrest/surrender within six weeks, the petitioner to be enlarged on anticipatory bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi, subject to conditions under Section 482 (2) of the Bharitya Nagrik Suraksha Sanhita. (Praveen Kumar, J)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35616 of 2026

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Arising Out of PS. Case No.-79 Year-2026 Thana- MAJORGANJ District- Sitamarhi

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

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Md. Fiyaj A/o Mohammad Abbulesh Resident of House No.472, Ward No.10, Sheohar, P.S.- Sheohar, District- Sheohar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Dwij Raj For the Opposite Party/s : Mr.Indu Kumari Srivastava

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

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CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER

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2 21-05-2026 The matter has been taken up today through video conferencing.

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2. Heard learned counsel for the petitioner and learned APP for the State.

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3. The petitioner is apprehending his arrest in connection with Majorganj PS Case No 79 of 2026 registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Amendment Act.

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4. As per the allegation, 36 liters of Nepali wine was recovered from an auto rickshaw which was lying in an abandoned state.

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5. Learned counsel for the petitioner has submitted that the petitioner is the owner of the seized auto rickshaw in question from which the alleged recovery has been made. It has

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Patna High Court CR. MISC. No.35616 of 2026(2) dt.21-05-2026 2/3

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further been submitted that the petitioner has given the said auto rickshaw to one Jinis Rai to ply in absence of his regular driver, namely, Mohan Kumar and, hence, the petitioner was not aware as to how and under what circumstance, his auto rickshaw was lying in an abandoned state with illicit liquor. It has further been submitted that at the time of search and seizure, the said auto rickshaw was not under the control of the petitioner. It has further been submitted that no procedure prescribed under Sections 103 and 105 of the BNSS has been followed. It has lastly been submitted that the petitioner has got no criminal antecedent.

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6. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

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7. Heard the parties and perused the record.

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8. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on his furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Sitamarhi, in connection with Majorganj PS Case No 79 of 2026 subject to the conditions as laid down under Section 482 (2) of

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Patna High Court CR. MISC. No.35616 of 2026(2) dt.21-05-2026 3/3

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the Bharitya Nagrik Suraksha Sanhita.

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9. This application stands allowed.

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(Praveen Kumar, J)

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M.E.H./-

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U T

Md. Fiyaj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Fiyaj v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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