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Patna High Court

Md. SaifulversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


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