Patna High Court

Md. BasimversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to a Rs.15,000 bond, two sureties and conditions of appearance.

Summary

The petitioner, Md. Basim, a driver of a tempo, was arrested after 270 litres of liquor were seized, and he was charged under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, was not the owner of the vehicle, had no knowledge of the contraband, and that no incriminating article was found on his person. He had been in custody since 16‑10‑2025 and had no prior criminal record, while the State opposed his bail. The Court noted the absence of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, but considered the facts and the length of custody. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance, with bail liable to be cancelled after two consecutive defaults. The bail petition was therefore disposed in the petitioner’s favour.

Issues considered

Whether bail should be granted to the accused driver in a case under the Bihar Prohibition and Excise Act.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars the grant of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
possession
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4051 of 2026
                 Arising Out of PS. Case No.-181 Year-2025 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
                 Md. Basim Son of Md. Ahamad @ Aahmad Hussain R/o Village - Rajpur, P.S.
                 - Khutauna, Dist. - Madhubani.



                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hriday Narayan Harshit, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Excise

                   Jhanjharpur P.S. Case No. 181 of 2025 instituted for the

                   offences punishable under Sections 30(a), 32(1), 32(3) of the

                   Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 270 litres

                   of liquor was recovered from tempo.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.4051 of 2026(2) dt.27-01-2026
                                             2/3




          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 16.10.2025 and has no

          criminal antecedent. There is no compliance of Section 103 of

          the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                     6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                        7. Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of

          the    like     amount      each      to   the      satisfaction   of   Court

          below/concerned Court in connection with Excise Jhanjharpur

          P.S. Case No. 181 of 2025, subject to the following conditions:

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

          the family of the petitioner.

                        (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.4051 of 2026(2) dt.27-01-2026
                                                       3/3




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

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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