Patna High Court
Md. IrfanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Md Irfan, was arrested in connection with an excise case alleging possession of 150 litres of liquor and charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he had no link to the vehicle from which the liquor was recovered. The petitioner had been in custody since 17 November 2025 and possessed two prior criminal antecedents, while a co‑accused had already been granted bail. The State opposed the bail application. The Court, noting the lack of incriminating material against the petitioner, the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the period of custody already served, decided to grant bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act offences.
- Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
- Whether the petitioner has been falsely implicated and lacks incriminating material.
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- false implication
- Bihar Prohibition and Excise Act
- criminal procedure
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14719 of 2026
Arising Out of PS. Case No.-3338 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Md. Irfan S/O Md. Sagir Resident of Nayatola, Karbla, Phulwarisharif, PS
Phulwarisharif, District Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, A.P.P.
======================================================
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 Excise
P.S. Case No. 3338/2025 instituted for the offences punishable
under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 150
litres of liquor was recovered from Tempoo.
4. Learned counsel for the petitioner submitted that
the petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
question or with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.14719 of 2026(2) dt.25-02-2026
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in custody since 17.11.2025 and has two criminal antecedents.
Learned counsel for the petitioner further submits that other co-
accused has been granted bail by this Bench vide order dated
19.02.2026 passed in Cr. Misc. No. 9973 of 2026. There is no
compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Excise P.S. Case No.
3338/2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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