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Patna High Court

Md. IbrahimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         3/3




                                    (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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