Patna High Court
Atabul Nadaf @ Md. Atabul NadafversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to monetary bond and conditions of appearance.
Summary
The petitioner, Atabul Nadaf, was arrested in connection with a case involving the alleged recovery of 90 litres of liquor from a motorcycle and charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the motorcycle, that no incriminating material was found in his possession, and that his name was linked to the case only through a co‑accused’s confession, which he argued lacked evidentiary value. He also pointed out the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and highlighted his two prior criminal antecedents while being in custody since 21‑01‑2026. The State opposed bail, emphasizing the seriousness of the offences. After considering the facts, the nature of the allegations, the period of custody and the petitioner’s antecedents, the Court inclined to grant bail, imposing a cash bond of Rs.15,000 with two sureties and conditions of family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences under the Bharatiya Nyaya Sanhita and the Bihar Prohibition and Excise Act.
- Whether the co‑accused’s confession, without corroborative material, can justify continued detention.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents and period of custody preclude bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor offences
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
- co‑accused confession
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12244 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
Atabul Nadaf @ Md. Atabul Nadaf S/o Bechan Nadaf R/o - Gangaur, P.S -
Harlakhi, District - Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Harlakhi P.S. Case No. 270 of 2025, instituted for the offences
punishable under Sections 274, 275, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 90 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.12244 of 2026(2) dt.23-02-2026
2/3
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused
person and the same has got no evidentiary value. It is further
submitted that the petitioner is not the owner of the motorcycle
in question. The petitioner is in custody since 21.01.2026 and
has got two criminal antecedents. 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 petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Harlakhi P.S. Case
No. 270 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.12244 of 2026(2) dt.23-02-2026
3/3
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 petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…