Patna High Court

Shahid MiyaversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners.

Summary

Shahid Miya and Abdul Miya were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 51.45 litres of Nepali liquor, of which 21.9 litres were recovered from a motorcycle. The petitioners contended that they were merely passersby, had no ownership of the vehicle, and that no incriminating material was found in their conscious possession. They also highlighted the absence of any criminal antecedent and argued that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. The State opposed bail, but the Court, considering the lack of direct evidence and the petitioners' custody period, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 each, two sureties, a family member as bailor, and strict compliance with court appearances.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the absence of incriminating material in the petitioners' possession justifies bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Nepali liquor
Section 30(a)
Section 103
criminal procedure
presumption of innocence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2190 of 2026
                   Arising Out of PS. Case No.-183 Year-2025 Thana- Pachpakdi District- East Champaran
                 ======================================================
           1.     Shahid Miya Son of Ainul Miya R/o Vill. - Champapur, P.S. - Patahi, Dist -
                  East Champaran.
           2.    Abdul Miya @ Abdul Imran Son of Abdul Idrish @ Abdul Idris R/o Vill. -
                 Champapur, P.S. - Patahi, Dist - East Champaran.


                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Suraj Kumar Tiwari, Advocate
                 For the Opposite Party/s :        Mrs.Asha Devi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Pachpakari P.S. Case No. 183 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 51.45

                   liters of Nepali liquor was recovered, out of which 21.900 litres

                   of Nepali liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.2190 of 2026(2) dt.19-01-2026
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          present case. No incriminating material has been recovered from

          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. The

          petitioners are not the owner of the vehicle rather they were

          passersby of the way and has become victim of circumstances.

          The petitioners are in custody since 25.11.2025 and have got no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                       7. Let the petitioners be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

          two sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Pachpakari P.S. Case

          No. 183 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every

          date fixed at the trial. In case of default in such appearance on
           Patna High Court CR. MISC. No.2190 of 2026(2) dt.19-01-2026
                                                       3/3




                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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