Patna High Court
Md. IbrahimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, Md. Ibrahim and his driver Aditya Kumar, were arrested after 105.300 litres of liquor were recovered from a car in which they were present. They sought bail, contending they had no ownership of the vehicle, no knowledge of the contraband, and no incriminating material was found on them. The prosecution charged them under Sections 30(a), 32(i)(iii) and 31(i)(ii) of the Bihar Prohibition and Excise Act. The State opposed bail, while the petitioners argued the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and their clean record. Considering the circumstances, the court granted bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and regular appearance. The bail order was subject to cancellation if the petitioners defaulted on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 32(i)(iii) and 31(i)(ii) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the accused’s lack of ownership and knowledge of the vehicle’s contents affects the bail decision.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- possession of liquor
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11917 of 2026
Arising Out of PS. Case No.-765 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Md. Ibrahim S/o- Md. Arshad Malik Resident of ward no- 22 naya tola Isha
Nagar, PS- Phulwarisharif Dist- Patna
2. Aditya Kumar (Driver) S/o- Umesh Prasad R/v- Mithapur, W.No-18, Ps-
Janakpur Jakkanpur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Varun Kumar Trivedi, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Prohibition and Excise P.S. Case No. 765 of 2025, instituted for
the offences punishable under Sections 30(a), 32(i)(iii) and 31(i)
(ii) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 105.300 liters
liquor was recovered from car and both the petitioners were
arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.11917 of 2026(2) dt.19-02-2026
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got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that petitioners are not
the owner of the car in question rather petitioner no. 1 was
sitting in the car and petitioner no. 2 was driver of that car and
both of them have got no knowledge with regard to the nature of
goods loaded in the vehicle. The petitioners are in custody since
24.12.2025 and have got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Prohibition and
Excise P.S. Case No. 765 of 2025, subject to the following
conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
Patna High Court CR. MISC. No.11917 of 2026(2) dt.19-02-2026
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(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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