Patna High Court

Julfikar AliversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner subject to a bond of Rs.15,000, two sureties and specified conditions.

Summary

The petitioner, Julfikar Ali, was arrested for alleged possession of 56.7 litres of liquor recovered from his motorcycle and jacket, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated, had no connection to the vehicle, and argued that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed his bail, citing his three prior criminal antecedents and the seriousness of the offence. The Court considered the facts, the period of custody since 5 January 2026, and the lack of statutory compliance, and decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance at trial.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the grant of bail
Impact of the accused's prior criminal antecedents and period of custody on bail eligibility

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
possession of liquor
Section 30(a)
Section 103
criminal antecedents
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12855 of 2026
                   Arising Out of PS. Case No.-4 Year-2026 Thana- TERHAGACHH District- Kishanganj
                 ======================================================
                 Julfikar Ali Son of Jahiruddin Resident of village- Gamharia Ward no. 01, Ps-
                 Tedhagaach And Dist- Kishanganj



                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   24-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Special

                   Case No. 9 of 2026 arising out of Tedhagaach P.S. Case No. 4 of

                   2026 instituted for the offences punishable under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 56.7 litres

                   of liquor was recovered from the motorcycle as also from the

                   jacket of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.12855 of 2026(2) dt.24-02-2026
                                            2/3




          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is in no manner connected with the vehicle in

          question or the alleged recovery of liquor. The petitioner is in

          custody since 05.01.2026 and has three criminal antecedents.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika 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 as also 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 Special Case No. 9

          of 2026 arising out of Tedhagaach P.S. Case No. 4 of 2026,

          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

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.12855 of 2026(2) dt.24-02-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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