Patna High Court
Naiyar KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Naiyar Khan, was arrested in connection with a case alleging possession of 3010.41 liters of liquor recovered from a co-accused's house, under Sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act. He contended that he had no direct involvement, that his name was linked only through a co-accused's confessional statement, and that no incriminating material was found in his possession. The petitioner also highlighted a prior criminal antecedent for which he was out on bail and argued that procedural requirements under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s custody duration, and the procedural lapse, the Court decided to grant bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act given the evidentiary and procedural circumstances.
Legislation cited
Subjects
- bail
- prohibition and excise
- liquor seizure
- confessional statement
- evidentiary value
- Section 103
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14367 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
======================================================
Naiyar Khan Son of Minaj Khan @ Md. Minhaj Khan R/o Village - Dumari,
P.S.- Durgavti, District - Kaimur at Bhabhua, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shahrukh Shiddiqui, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ramgarh P.S. Case No. 396 of 2025, instituted for the offences
punishable under Sections 30(a), 38 and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 3010.41 liters
liquor was recovered from the house of co-accused person.
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
for the petitioner also submitted that the petitioner was not
Patna High Court CR. MISC. No.14367 of 2026(2) dt.25-02-2026
2/2
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. The petitioner
is in custody since 03.02.2026 and has got one criminal
antecedent in which he is on bail. Learned counsel for the
petitioner further submits that other co-accused has been granted
regular bail by this Court vide order dated 19.02.2026 passed in
Cr. Misc. No. 10109 of 2026. 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 Ramgarh P.S. Case
No. 396 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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