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Patna High Court

Md. Atif Ali @ Md. AsifversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, subject to a bond and conditions.

Summary

The petitioner, a driver, was arrested after police seized 57 litres of foreign liquor and 12 litres of beer from his vehicle in Nawada. He claimed he had no knowledge of the contraband and that the seizure was not made in compliance with Section 105 of the BNSS, arguing he was merely a driver and not in possession. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the court noted the procedural lapse and the petitioner’s lack of direct involvement, and decided to grant bail on the condition that he not engage in similar offences, requiring a bail bond of Rs.10,000 with two sureties. The petitioner was ordered to be released on bail pending further proceedings in Excise P.S. Case No. 143 of 2026.

Issues considered

  • Whether bail should be granted to the driver accused under Sections 30(a) and 47 of the Excise Act when the seizure may have violated procedural requirements of Section 105 of the BNSS.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Excise Act
  • seizure procedure
  • Section 105 BNSS
  • driver liability
  • foreign liquor
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17196 of 2026
                      Arising Out of PS. Case No.-143 Year-2026 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Md. Atif Ali @ Md. Asif S/o Md. Salim R/o Village - Bhdouni (New Azad
                 Mohalla), P.S - Nagar, District - Nawada
                                                                          ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-03-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Case No. 143 of 2026 registered for the offence

                   punishable under Section 30(a), 47 of the Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   vehicle altogether 57 liters of foreign liquor and 12 liters of beer

                   was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He submits that the petitioner is the driver of the said

                   vehicle. He was unaware of the alleged recovery and the

                   recovery thereof. He also submits that nothing has been

                   recovered from the possession of this petitioner. Petitioner is
           Patna High Court CR. MISC. No.17196 of 2026(2) dt.19-03-2026
                                                       2/2




                     merely the driver of the said vehicle. The witnesses of the

                     seizure list are police personnel and the police has not complied

                     with Section 105 of the BNSS while making the seizure.

                     Petitioner is languishing in judicial custody since 07.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition

                     that the petitioner shall not indulge himself in similar nature

                     of offences in future. The above named petitioner is directed to

                     be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

                     ten thousand only) with two sureties of the like amount each to

                     the satisfaction of the learned Exclusive Special Excise Court-II,

                     Nawada in connection with Excise P.S. Case No. 143 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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