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Patna High Court

Nasir @ Sonu @ NasirversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail subject to a bond and surety conditions.

Summary

The petitioner, a driver, was arrested in connection with the seizure of 4,617 litres of foreign liquor from a truck and charged under the Bihar Prohibition and Excise Act and the Bihar Narcotic Substances Act. He contended that he had no ownership or knowledge of the liquor, that the seizure list violated Section 103 of the BNSS, and that no incriminating material was found in his possession. The State opposed bail, but the court noted the petitioner’s lack of personal involvement, absence of criminal antecedent, and the fact that the alleged offence was committed by the truck owner. Relying on Sections 480(3) of the BNSS and 437(3) of the CrPC, the court ordered bail on a bond of Rs 10,000 with two sureties, one of whom must be a close relative, and directed the trial court to verify the petitioner’s antecedent. The bail order is subject to cancellation if the petitioner conceals any criminal history.

Issues considered

  • Whether the driver, who claims no knowledge or ownership of the seized liquor, is entitled to bail under the Bihar Prohibition and Excise Act and the BNSS.
  • Whether the seizure list prepared without an independent witness violates Section 103 of the BNSS, affecting bail considerations.

Legislation cited

Subjects

  • bail
  • liquor seizure
  • driver liability
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • Criminal Procedure Code
  • surety
  • section 480
  • section 437

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No 11828 of 2026
                        Arising Out of PS. Case No.-231 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Nasir @ Sonu @ Nasir S/o Aabid Ali R/o village - Mokan no. 180, Nek
                 Nampur Fulri Barwala Nikat Baksari Mil, P.S. - Gadhmukteshwar, Dist. -
                 Hapur, State - Uttar pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arjun Prasad
                 For the Opposite Party/s :        Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR JUSTICE RITESH KUMAR

                                                   ORAL ORDER

2   17-02-2026                  Heard the parties.

                                2 The petitioner is in custody in connection with

                   Lakho PS Case No 231 of 2025 for allegedly having committed

                   an offence under Sections 30 (a), 32 (i) (ii) and 41 (i) of the

                   Bihar Prohibition and Excise Act and Sections 336 (3), 340 (i)

                   (ii) and 318 (4) of the BNS.

                                3 The learned counsel for the petitioner submits that

                   4617 liters of foreign made liquor was seized from a truck

                   bearing Registration No JK-14-K4538. The learned counsel for

                   the petitioner further submits that the petitioner has got no

                   concern with the alleged seized liquor, since he is only the

                   Driver of the vehicle in question and the truck does not belong

                   to him. He was not aware about the alleged liquor which was
Patna High Court CR. MISC. No.11828 of 2026(2) dt.17-02-2026
                                            2/3




          loaded in his truck since he was obeying the dictates of the

          owner of the truck.           The 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 incriminating has been recovered from the conscious

          possession of the petitioner. The petitioner is in custody since

          10.12.2025 and he has got no criminal antecedent.

                       4 The learned APP opposes the prayer for bail

          vehemently.

                       5 Having heard the parties, let the petitioner above

          named be released on bail on his furnishing bail bond of Rs

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

          amount each to the satisfaction of the learned Exclusive Special

          Excise Judge I, Begusarai in connection with Lakho PS Case No

          231 of 2025 subject to the condition as laid down under Section

          480 (3) of the BNSS/437 (3) of the Cr P C with a condition

          that :

                                  (i) one of the bailors should be a
                       close relative/family member of the
                       petitioner,

                                  (ii) the petitioner will cooperate
                       in the trial.
           Patna High Court CR. MISC. No.11828 of 2026(2) dt.17-02-2026
                                                       3/3




                                  6 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.



                                                 (Ritesh Kumar, J)
M.E.H./-

U


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