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Patna High Court

Md. Atabul Nadaf @ Atabul NadafversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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