Patna High Court
ShahrukhversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to bail as the lack of conscious possession and their clean antecedent outweigh the procedural non‑compliance under the BNSS, 2023.
Summary
Shahrukh and Javed, drivers of a truck, were arrested on 18‑12‑2025 in connection with the recovery of 2,187 litres of foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They contended that the liquor was seized from the truck and not from their conscious possession, that they have no prior criminal record and that the FIR is fabricated. The prosecution opposed bail, while the petitioners argued that Sections 103 and 105 of the Bihar Narcotic Substitution (BNSS) Act, 2023 were not complied with, further supporting their claim of innocence. The court noted the petitioners' clean antecedent and the lack of evidence of conscious possession, and held that these factors outweighed the procedural lapses. Consequently, the court granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding court attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioners are entitled to bail despite being charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
- Whether non‑compliance of Sections 103 and 105 of the BNSS, 2023 bars the grant of bail.
- Whether the absence of conscious possession and a clean criminal record justify bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- clean antecedent
- conscious possession
- BNSS 2023
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18327 of 2026
Arising Out of PS. Case No.-426 Year-2025 Thana- DORIGANJ District- Saran
======================================================
1. Shahrukh Son of Ishtiyakh Resident of Village -Asifabad Chandpura PS
-Gulauthi District -Buland Shahar, Uttar Pradesh
2. Javed Son of Jahid Resident of Village -Asifabad Chandpura PS -Gulauthi
District -Buland Shahar, Uttar Pradesh
... ... petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Ms. Chetna, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Ms. Chetna, learned counsel for the
petitioners and Ms. Meena Singh, learned Additional Public
Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
18.12.2025 in connection with Doriganj P.S. Case No. 426 of
2025, F.I.R. dated 17.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
3. Recovery is of 2187 liters of foreign liquor.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. The allegation as alleged in the
F.I.R is false and fabricated and the petitioners have not
Patna High Court CR. MISC. No.18327 of 2026(2) dt.24-03-2026
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committed any offence as alleged in the F.I.R. He further
submits that it appears from the F.I.R. as well as seizure list that
nothing has been recovered from the conscious possession of
the petitioners rather the recovery have been made from the
truck in question. She further submits that the petitioners have
no concern at all with the alleged recovery of the illicit liquor
and the petitioners are the driver and co-driver of the said truck
in question. There is non-compliance of Sections 103/105 of the
BNSS, 2023. The petitioners are in custody since 18.12.2025.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent and there is non-
compliance of Section 103/105 of the BNSS, 2023, let the
petitioners, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 03, Saran (Chapra) in connection with
Doriganj P.S. Case No. 426 of 2025, subject to the following
conditions:-
i. One of the bailors shall be the close relative of the
petitioners.
Patna High Court CR. MISC. No.18327 of 2026(2) dt.24-03-2026
3/3
ii. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
iii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iv. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Vanisha/-
U T
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