Patna High Court

Md. Faiyaz Ahmad KhanversusThe State of Bihar

Decided: 17 February 2026
Disposal: ALLOWED
Bench: ALOK KUMAR SINHA

Holding

Bail was granted to the petitioner with specified conditions.

Summary

The petitioner, Md. Faiyaz Ahmad Khan, sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 432 litres of Nepali liquor were recovered from a Sumo Gold vehicle. He contended that he was not present at the time of the seizure, had no criminal antecedent, and was implicated only by a record entry. The prosecution opposed the bail. The Court noted the absence of any recovery from the petitioner’s physical possession and his clean antecedent, and consequently ordered his release on bail subject to a bond of Rs.10,000 with two sureties, compliance with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023, and conditions to cooperate with the investigation and verification of his antecedent.

Issues considered

Whether bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise Act, 2016 where he was not present at the time of the alleged offence.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

bail
anticipatory bail
prohibition law
excise
criminal procedure
liquor seizure
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10959 of 2026
                    Arising Out of PS. Case No.-867 Year-2023 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Md. Faiyaz Ahmad Khan Son of Late Md. Neyaz Ahmad Khan Resident Of
                 Adalatganj, Kamla Nehru Nagar, Behind G.P.O., Patna, P.S. - Kotwali, Dist. -
                 Patna.

                                                                                 ... ... Petitioner
                                                     Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Saobiya Mushtaque, Advocate
                 For the Opposite Party/s :     Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                           Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                   3. As per the prosecution case, the recovery is of

                   432 liters of nepali liquor from a four-wheeler Sumo Gold

                   vehicle.

                                   4. Learned counsel for the petitioner submits that

                   the name of the petitioner has surfaced in the case on account of

                   suspicion. Learned counsel for the petitioner submits that the

                   petitioner was not even present at the time of occurrence and

                   has been wrongly implicated merely due to an entry in records
Patna High Court CR. MISC. No.10959 of 2026(2) dt.17-02-2026
                                            2/3




          and further submitted that the petitioner has no criminal

          antecedent.

                             5. The application is opposed by the learned APP

          for the State.

                             6. Considering the fact that no recovery has been

          made from conscious physical possession of the petitioner and

          that the petitioner was not even present at the time of occurrence

          and also given the fact that the petitioner has no criminal

          antecedent, let the petitioner, above named, in the event of his

          arrest or surrender before the Court below within four weeks, 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 learned Court of Special Judge-1st (Product Act),

          Darbhanga in connection with Sadar P.S. Case No. 867 of 2023,

          subject to the condition laid down under Section 438 (2) of the

          Code of Criminal Procedure/Section 482 (2) of the B.N.S.S.,

          2023 and subject to the further condition that:-

                       (i)     the    petitioner      shall    co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that

          the petitioner has concealed his criminal antecedent, the Court
          Patna High Court CR. MISC. No.10959 of 2026(2) dt.17-02-2026
                                                      3/3




                    below shall take step for cancellation of bail bond of the

                    petitioner. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.



                                             (Alok Kumar Sinha, J)
Gaurav Sinha/-

U

Continue reading with your account

Checking your session…