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Patna High Court

Md. AadilversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.16174 of 2026(2) dt.12-03-2026
                                                           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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