Patna High Court
Md. AadilversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as the petitioner was not in conscious possession of the illicit liquor, the statutory provisions were not complied with, and he has a clean antecedent.
Summary
Md. Aadil was arrested on 7 February 2026 in connection with a case under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise (Amendment) Act for the alleged possession of 292.5 litres of illicit liquor seized from a vehicle. The petitioner claimed he had no conscious possession of the liquor, was not the owner of the vehicle, and had a clean criminal record. The State opposed bail, but the court noted non‑compliance of Sections 103 and 105 of the BNSS, 2023 and the lack of direct possession by the petitioner. Considering these factors, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedents and stipulated cancellation of bail for violations.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise (Amendment) Act.
- Whether the absence of liquor from the petitioner’s conscious possession and non‑compliance of Sections 103 and 105 of BNSS, 2023 justify bail.
- Whether the petitioner’s clean antecedent is sufficient ground for bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- clean antecedent
- procedural lapse
- BNSS 2023
- Sections 103 and 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16174 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Md. Aadil Son of Md. Sultan R/o Dhobepur Bansara, P.S. - Hayaghat, District
- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Mr. Ram Prawesh Kumar, learned counsel for
the petitioner and Mr. Upendra Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
07.02.2026, in connection with Madya Nisedh P.S. Case No.
160 of 2026, Special Case No. 160 of 2026, F.I.R. dated
07.02.2026 registered for the offences punishable under
Sectiona 30(a) and 32(3) of the Bihar Prohibition & Excise
(amendment) Act.
3. Recovery is of 292.500 litres of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent 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
Patna High Court CR. MISC. No.16174 of 2026(2) dt.12-03-2026
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been recovered from the conscious possession of the petitioner
rather recovery has been made from the vehicle in question and
altogether 292.500 lires of illicit liquor was recovered from the
vehicle in question. He further submits that the petitioner is not
owner of the vehicle in question and there is non-compliance of
Sections 103 and 105 of BNSS, 2023 and the petitioner is in
custody since 07.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and
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- II,
Kishanganj in connection with Madya Nisedh P.S. Case No. 160
of 2026, Special Case No. 160 of 2026, 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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