Patna High Court

Md. AjadversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

The petitioner, Md. Ajad, was arrested as a pillion rider on a motorcycle from which 261 litres of Nepali liquor was seized, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his possession and that he had no involvement in the liquor recovery. The State opposed bail, while the petitioner’s counsel highlighted his three prior criminal antecedents and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court examined the facts, the period of custody since 9 January 2026, and the petitioner’s claim of non‑participation, and found no compelling reason to deny bail. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties and imposed standard bail conditions. The bail may be cancelled if the petitioner violates any of the stipulated conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
illegal liquor
Section 30(a)
Bihar Prohibition and Excise Act
criminal antecedents
Bharatiya Nagarik Suraksha Sanhita
Section 103
trial conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13036 of 2026
                        Arising Out of PS. Case No.-15 Year-2026 Thana- Excise P.S. District- Araria
                 ======================================================
                 Md. Ajad S/o Md. Safid Miya @ Safid Miyaan R/o Village- Koshikapur,
                 Ward No.07, P.S- Fulkaha, Dist- Araria.
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :         Ms.Sangeeta Sharma. A.P.P.
                 ======================================================
                 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 Araria

                   Excise P.S. Case No. 15 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 261

                   liters of Nepali liquor was recovered from two motorcycles.

                   Petitioner was arrested on the spot.

                                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

                   no concern with the alleged recovery of liquor. The petitioner
Patna High Court CR. MISC. No.13036 of 2026(2) dt.24-02-2026
                                            2/3




          was found sitting as pillion rider on the alleged motorcycle. The

          petitioner is in custody since 09.01.2026 and has got three

          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 Araria Excise P.S.

          Case No. 15 of 2026, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.
           Patna High Court CR. MISC. No.13036 of 2026(2) dt.24-02-2026
                                                       3/3




                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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