Patna High Court
Md. SirajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to monetary bond and specified conditions.
Summary
The petitioner, Md. Siraj, a driver of a Scorpio vehicle, was arrested on 10 January 2026 for alleged possession of 179.250 litres of liquor, contravening Sections 292 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 32, 41(i) & (ii) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, that no incriminating material was found on his person, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court considered the lack of direct evidence against the petitioner, his clean record, and the period of custody already served, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions of personal surety, regular court attendance, and non‑interference with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused in a case of alleged possession of liquor under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act.
- Whether the absence of direct incriminating material on the accused and his clean criminal record justify bail despite the seriousness of the offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 292, 61(2)
Subjects
- bail
- liquor possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
- driver
- evidence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16500 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- FCI District- Begusarai
======================================================
Md. Siraj S/O Md. Kashim R/O Vill.- Raj Dhanwar, P.S- Raj Dhanwar, Dist.-
Giridih Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aditya Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with F.C.I.
P.S. Case No. 06 of 2026, instituted for the offences punishable
under Sections 292 and 61(2) of the Bharatiya Nyaya Sanhita,
2023 and Sections 30(a), 32, 41(i)&(ii) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 179.250
liters liquor was recovered. Out of which 17.250 litres of liquor
recovered from car and 162 litres of liquor recovered from
Scorpio. Petitioner was arrested on the 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 from
Patna High Court CR. MISC. No.16500 of 2026(2) dt.13-03-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of Scorpio vehicle
and he has no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 10.01.2026 and has
got no criminal antecedent. There is no compliance of Section
103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with F.C.I. P.S. Case No.
06 of 2026, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
Patna High Court CR. MISC. No.16500 of 2026(2) dt.13-03-2026
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(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
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