Patna High Court
Md. SaifulversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Saiful, was arrested on 18 January 2026 for alleged possession of 70.890 litres of liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle, had no knowledge of the goods, and that no incriminating material was found in his possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his single prior criminal antecedent. The State opposed the bail application. After considering the facts, the court found the circumstances sufficient to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence, custody period, and lack of incriminating material.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- Bihar
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13279 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- RANIGANJ District- Araria
======================================================
Md. Saiful S/o Md. Manir Resident of village - Rampur Maldahiya Tola, ward
no. 7, P.S.- Raniganj, Distt.- 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 : Mr.Akbar Ali, 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
Raniganj P.S. Case No. 17 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 70.890
liters liquor was recovered from car. 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. Learned counsel
Patna High Court CR. MISC. No.13279 of 2026(2) dt.24-02-2026
2/2
further submitted that the petitioner was neither owner nor
driver of the vehicle and he has no knowledge regarding nature
of goods loaded on the vehicle. The petitioner was found
standing near the alleged car. The petitioner is in custody since
18.01.2026 and has got one 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 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 Raniganj P.S. Case
No. 17 of 2026.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…