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Patna High Court

Md. IrfanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to monetary bond and specific conditions.

Summary

The petitioner, Md Irfan, was arrested on 10-12-2025 in connection with a case of illicit liquor seizure (94.32 litres) under Sections 30(a) and 32 of the Bihar Prohibition & Excise (Amendment) Act, 2018. He contended that the liquor was not recovered from his conscious possession and that he was not the owner of the vehicle from which it was seized, also pointing to non‑compliance of Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting three other pending cases against the petitioner. The Court examined the lack of direct possession, procedural lapses, and the petitioner’s claim of innocence, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.

Issues considered

  • Whether bail should be granted when the accused is not in conscious possession of the seized illicit liquor.
  • Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants bail.
  • Whether the existence of three other pending cases against the petitioner precludes bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • procedural lapse
  • non‑possession
  • excise law
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14966 of 2026
                        Arising Out of PS. Case No.-85 Year-2025 Thana- Hemjapur District- Munger
                 ======================================================
                 Md. Irfan S/O Md. Nasim R/O Village- Khenkah, P.S- Kasim Bazar, Distt.-
                 Munger.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deep Anshuman, Advocate
                 For the State            :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   06-04-2026                    Heard Mr. Deep Anshuman, learned counsel for the

                   petitioner and Mr. Md. Iftekhar Mahmood, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   10.12.2025, in connection with Hemjapur P.S. Case No. 85 of

                   2025, F.I.R. dated 10.12.2025                 registered for the offences

                   punishable under Sections 30(a)/32 of the Bihar Prohibition &

                   Excise (Amendment) Act 2018.

                                 3. Recovery is of 94.32 litres of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner and altogether 94.32 litres
Patna High Court CR. MISC. No.14966 of 2026(3) dt.06-04-2026
                                            2/3




          of illicit liquor was recovered from the vehicle in question and

          the petitioner is not owner of the vehicle in question. It appears

          from the seizure list that there is non-compliance of Sections

          103 and 105 of BNSS, 2023. He further submits that the police

          after investigation submitted chargesheet against the petitioner

          and the petitioner is in custody since 10.12.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries three more

          cases other than the present one but fairly submits on the basis

          of paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Sections 103 and 105 of the BNSS, 2023, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Judge Excise-I, Munger in connection with Hemjapur P.S. Case

          No. 85 of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.14966 of 2026(3) dt.06-04-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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