Habibur Rahman @ Habib Ur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8743 of 2026 Arising Out of PS. Case No.-436 Year-2025 Thana- RAMPUR District- Gaya ====================================================== Habibur Rahman @ Habib Ur Rahman Son of Nayeemuddin @ Nayeem Uddin Resident of Mohalla- West Sarai, Near Jama Masjid, P.S.- Kotwali, District- Gaya ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the State :

Ms. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Rampur P.S. Case No. 436 of 2025 registered for the offence punishable under Section 30(a) of Bihar Excise Act, 2022.

3. As per prosecution case, there is alleged recovery of 70 litre country made liquor from E-Rickshaw in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner is not named in the FIR and during course of investigation, his name transpired in this case being owner of E-Rickshaw in question. Petitioner had

Patna High Court CR. MISC. No.8743 of 2026(2) dt.18-02-2026 2/3 given the said E-Rickshaw to Md. Aman Raj on rent for which mutual agreement was done between them and copy of the same is annexed as Annexure-P/3 to the bail petition. Petitioner bears no criminal antecedent. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner had no knowledge that alleged E-Rickshaw was being used in carrying the illicit liquor and hence, he cannot be held responsible for the alleged recovery. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is owner of the E-Rickshaw in question from which 70 litre country made liquor has been recovered and hence, petitioner cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner

Patna High Court CR. MISC. No.8743 of 2026(2) dt.18-02-2026 3/3 above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released 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 learned Exclusive Special, Excise Court No. 1, Gaya in connection with Rampur P.S. Case No. 436 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T