Patna High Court
Md. Dulare @ Md. Dulare MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Dulare, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 51.45 liters of Nepali liquor were recovered from a motorcycle. He claimed innocence, stating he neither owned the motorcycle nor had any involvement in the liquor recovery, and highlighted the absence of incriminating material and his clean criminal record. The prosecution opposed bail, while the petitioner’s counsel argued that there was no compliance with Section 103 of the BNSS, 2023. The court considered the facts, the period of custody since 25-11-2025, and the lack of antecedents, and decided to grant bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and non‑compliance of Section 103 of the BNSS, 2023
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1642 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- Pachpakdi District- East Champaran
======================================================
Md. Dulare @ Md. Dulare Miya Son of Md. Salauddin R/o Village - Sugia,
P.S. - Sheohar, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Adv.
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pachpakri
PS Case No. 183 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 51.45 liters of
nepali liquor was recovered from the motorcycle.
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 from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the petitioner is not the owner of
Patna High Court CR. MISC. No.1642 of 2026(2) dt.19-01-2026
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the said motorcycle and has been implicated in this case by the
police with ulterior motive. The petitioner is in custody since
25.11.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the BNSS, 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 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 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 Pachpakri PS Case No. 183 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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