Patna High CourtCR. MISC./40242/2026bail granted

Farman Raza @ Jakir Hussain v. The State Of Bihar

2026-07-03Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40242 of 2026 Arising Out of PS. Case No.-22 Year-2026 Thana- CHAPRA RAIL P.S. District- Saran ====================================================== Farman Raza @ Jakir Hussain S/o Md. Allaudin @ Md. Alauddin R/o villKherajpur Pandasarai, P.S.- Laheriasarai, Dist.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2026 Heard Mr. Sanjeet Kumar Singh, learned counsel for the petitioner and Mr. Md. Nazir Ansari, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Chapra P.S. Case No. 22 of 2026, F.I.R dated 10.02.2026 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Recovery is of 190.380 liters of illicit foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the basis of confessional statement of the apprehended co-accused person namely, Arnav Prasad. He further submits that it appears from the F.I.R as well as seizure

2/4 list that nothing has been recovered from the conscious possession of the petitioner and except the disclosure made by the apprehended co-accused person, nothing has come during investigation which suggest the involvement of the petitioner in the present occurrence. There is non-compliance of the Section 103/105 of the BNSS.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the pre-arrest bail would not be maintainable. He further submits that the petitioner carries three criminal antecedents other than the present one but fairly submits that he is on bail in all the pending matters.

6. This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioner.

7. Considering the aforesaid facts and

3/4 circumstances of the case, nothing has been recovered from the conscious possession of the petitioner, he has been made accused on the basis of disclosure made by the co-accused person and there is non-compliance of Section 103/105 of the BNSS, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 3rd Exclusive Special Excise Judge, Saran at Chapra in connection with Chapra P.S. Case No. 22 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i.

Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall

4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T