Md. Noor Jahan @ Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34893 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- SONBERSHA RAJ District- Saharsa ====================================================== Md. Noor Jahan @ Md. Noor Alam S/O Late Md. Usuf R/O Village/MohallaGangjala Saharsa, Ward No. 15, P.S. and Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subesh Sharma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 20-05-2026 The matter has been taken up today through video conferencing.

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

3. The Petitioner is apprehending his arrest in connection with Sonbarsa Raj PS Case No 136 of 2025 registered for the offence punishable under Sections 30 (a), 41 of the Bihar Prohibition and Excise Act, 2018.

4. As per the allegation, altogether 45 liters of foreign liquor was recovered from a pick up van. Two persons were arrested. The arrested persons disclosed the name of the petitioner to be one of the persons engaged in sale and purchase of the illicit liquor.

5. Learned counsel for the petitioner has submitted that neither the petitioner is the owner nor he has got any concern with the illicit liquor. It has further been submitted that no procedure prescribed under Section 105 of the BNSS has

Patna High Court CR. MISC. No.34893 of 2026(2) dt.20-05-2026 2/2 been followed. It has also been submitted that except the confessional statement of co-accused naming the petitioner before the police while in police custody, there is no material against the petitioner. It has lastly been submitted that the petitioner has got no criminal antecedents.

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

7. Heard the parties and perused the record.

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 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, Saharsa, in connection with Sonbarsa Raj PS Case No 136 of 2025 subject to the conditions as laid down under Section 482

(2) of the Bharitya Nagrik Suraksha Sanhita.

9. This application stands allowed.

(Praveen Kumar, J) M.E.H./- U