Patna High Court
Md. Atabul Nadaf @ Atabul NadafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Md. Atabul Nadaf, was arrested as the driver of a motorcycle from which 135 litres of illicit Nepali liquor was seized, leading to charges under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a driver, not the owner, and that the statutory procedure under Section 105 of the B.N.S. was not complied with. The State opposed bail, citing the seriousness of the offences and the petitioner’s two prior criminal antecedents. The Court, after considering the submissions, granted regular bail on a bond of Rs.10,000 with two sureties, imposing conditions of personal appearance and possible cancellation for future similar offences. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner, as a driver, is entitled to regular bail despite being charged under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S. affects the grant of bail.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise
- driver liability
- procedural lapse
- criminal antecedents
- regular bail
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10465 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- SAHARGHAT District- Madhubani
======================================================
Md. Atabul Nadaf @ Atabul Nadaf S/o Bechan Nadaf R/o - Gangaur, P.S -
Harlakhi, District - Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Saharghat P.S. Case No.
01 of 2026 registered for the offences punishable under Sections
274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, total 135 litres of illicit
Nepali liquor was recovered from the motorcycle which the
petitioner was driving.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case merely on the basis of being a driver of the said vehicle
Patna High Court CR. MISC. No.10465 of 2026(3) dt.01-04-2026
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from which the alleged liquor was recovered. It has further been
submitted that the motorcycle does not belong to the petitioner
and he has no concern with the said recovery. It has also been
submitted that the procedure prescribed under Section 105 of
the B.N.S.S. has not been followed. It has lastly been submitted
that the petitioner has two criminal antecedents and is in custody
since 06.01.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Gopalganj, in connection with Excise
P.S. Case No. 821 of 2025, with condition(s):-
(i) the petitioner is directed to
remain physically present before the learned
Court below on each and every date, failure
on two consecutive dates without reasonable
cause, the bail bonds of the petitioner would
be liable to be cancelled.
(ii) If the petitioner’s involvement
is found in similar nature of offence in the
future, the prosecution will be at liberty to
move for cancellation of his bail bonds.
Patna High Court CR. MISC. No.10465 of 2026(3) dt.01-04-2026
3/3
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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