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Patna High Court

EhteyabversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on a bond with conditions.

Summary

The petitioner, Ehteyab, a cleaner of a truck, was arrested after 4,617 litres of illicit foreign liquor were seized from the vehicle. He filed an application for regular bail, contending that he had no ownership or knowledge of the liquor and that the seizure list violated Section 103 of the Bihar Narcotic Substances Act due to lack of an independent witness. The State opposed the bail, arguing the seriousness of the offences under the Bihar Prohibition and Excise Act and the BNSS. The court noted the petitioner’s lack of criminal antecedent, his role merely as a cleaner, and the fact that the driver co‑accused had already been granted bail. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of family surety, cooperation in trial, and verification of antecedents.

Issues considered

  • Whether the petitioner, a cleaner of the truck, is entitled to regular bail despite alleged involvement in offences under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act.
  • Whether the alleged violation of Section 103 of the BNSS regarding the seizure list affects the bail application.
  • Whether the nature of the offence and period of custody justify denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • seizure
  • criminal procedure
  • BNSS
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11203 of 2026
                        Arising Out of PS. Case No.-231 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Ehteyab Son of Latafat Ali Resident of Village- Bahrampur Wadli, P.S.-
                 Babuganj, Chawni, District- Hapur, State- Utarpradesh

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arjun Prasad, Advocate
                 For the Opposite Party/s :        Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Lakho P.S. Case No. 231

                   of 2025 registered for the offences punishable under Sections

                   30(a), 32(i)(ii) and 41(i) of Bihar Prohibition and Excise Act

                   and Section 336(3), 340(i)(ii) and 318(4) of B.N.S.

                                3. As per the allegation, total 4617 liters of illicit

                   foreign liquor was seized from a truck bearing Registration No.

                   JK-14-K4538.

                                4. Learned counsel for the petitioner submits that

                   petitioner has got no concern with the alleged seized liquor,

                   since he is only the cleaner of the vehicle in question and the

                   truck does not belong to him. The petitioner was not aware
Patna High Court CR. MISC. No.11203 of 2026(3) dt.01-04-2026
                                            2/3




          about the alleged liquor which was loaded in his truck since he

          was obeying the dictates of the owner of the truck. Learned

          counsel for the petitioner further submits that the seizure list has

          been prepared in complete violation of the provisions of Section

          103 of the BNSS, since no independent witness has come

          forward to support the case of the prosecution. It is further

          submitted that nothing has been recovered from the conscious

          possession of the petitioner. The petitioner is in custody since

          10.12.2025 having no criminal antecedent. Learned counsel for

          the petitioner has further submitted that co-accused Nasir @

          Sonu @ Nasir, who happens to be driver of truck in question,

          has been granted the privilege of bail by the Co-ordinate Bench

          of this Court vide order dated 17.02.2026 passed in Cr. Misc.

          No. 11828 of 2026.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          as well as the period of custody, the petitioner above-named is

          directed to be enlarged on bail on furnishing bail-bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Court concerned,

          Begusarai in connection with Lakho P.S. Case No. 231 of 2025
           Patna High Court CR. MISC. No.11203 of 2026(3) dt.01-04-2026
                                                       3/3




                     with following conditions:-

                                  (i) One of the bailors should be a close relative/family

                     member of the petitioner.

                                  (ii) The petitioner will co-operate in the trial.

                                  7. The learned trial Court shall verify the criminal

                     antecedent of the petitioner and in case at any stage if it is found

                     that the petitioner has concealed his criminal antecedent, then

                     the Court below shall take steps for cancellation of his bail

                     bond. However, the acceptance of the bail bond in terms of the

                     above mentioned order shall not be delayed for the purpose of

                     or in the name of verification.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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