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Patna High Court

Naiyar KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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