Patna High Court

Md. Kurban @ Md. QurbanversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to bond and conditions.

Summary

Md. Kurban was arrested in a case under Sections 30(a), 32(1), 32(2) and 41 of the Bihar Prohibition and Excise Act after 423 litres of liquor were recovered from a pick‑up vehicle he owned and drove. He pleaded innocence, claiming he had no knowledge of the contraband and that no incriminating material was found in his conscious possession. The State opposed bail, while the petitioner highlighted his clean antecedent and the length of his pre‑trial custody since 23‑12‑2025. The Court, noting the absence of material linking him directly to the offence and his lack of prior convictions, decided to grant bail subject to a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and a condition of appearing at every trial date. The bail order was made pending framing of charge, if not already done.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
prohibition and excise
possession of liquor
criminal procedure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16093 of 2026
                     Arising Out of PS. Case No.-353 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Md. Kurban @ Md. Qurban Son of Md. Ishak @ Mau Ishak Resident of
                 Village- Bari Ballia, ward no. 03, (Bari Ballia Uttari), P.S.- Ballia (Balliya),
                 District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :      Mr.Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Sahebpur Kamal P.S.

                   case No. 353 of 2025 instituted for the offences under Sections

                   30(a), 32(1), 32(2) and 41 of the Bihar Prohibition and Excise

                   Act.

                               3. The prosecution case, in short, is that 423 liters

                   liquor was recovered from pick-up vehicle and the petitioner

                   was arrested on spot.

                               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
Patna High Court CR. MISC. No.16093 of 2026(2) dt.11-03-2026
                                            2/3




          from the conscious possession of the petitioner. The petitioner

          has got no concern with the alleged recovery of liquor. It is

          further submitted that the petitioner is owner-cum-driver of the

          vehicle in question and he had no knowledge regarding nature

          of goods booked by the transporter which was kept in the

          vehicle. The petitioner is in custody since 23.12.2025 and has

          got no criminal antecedent. There is no compliance of Section

          103 of B.N.S.S., 2023.

                      5. Learned A.P.P. 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, clean antecedent                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, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Sahebpur Kamal P.S. case No. 353 of 2025

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.
           Patna High Court CR. MISC. No.16093 of 2026(2) dt.11-03-2026
                                                       3/3




                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

Continue reading with your account

Checking your session…