Patna High Court
Md. IrfanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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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