Patna High Court
Ful Mohammad @ Fool MohammadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on the ground of lack of conscious possession and procedural non‑compliance by the prosecution.
Summary
The petitioner, Ful Mohammad, was arrested on 15 January 2026 in connection with a case involving the seizure of 3,447.36 litres of foreign liquor from a vehicle. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, but the seizure was not from his conscious possession; he was merely the driver. The petitioner pleaded that he has a clean antecedent and that the prosecution failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act (BNSS). The Additional Public Prosecutor opposed bail, yet the court noted the lack of direct possession and procedural lapses. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether the petitioner, as a driver without conscious possession, is liable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the non‑compliance of Sections 103 and 105 of the BNSS warrants bail.
- Whether the petitioner’s clean antecedent justifies the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor seizure
- driver liability
- conscious possession
- clean antecedent
- Section 30
- Bihar Prohibition and Excise Act
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18388 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- SANOKHAR District- Bhagalpur
======================================================
Ful Mohammad @ Fool Mohammad S/o- Md. Usman R/v- Bishunpur
Bahanagiri @ Bishunpur Bahangiri Ps- Sakara Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Baijnath Sah, learned counsel for the
petitioner and Mr. Rana Randhir Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.01.2026 in connection with Sanokhar P.S. Case No. 02 of
2026, F.I.R. dated 14.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 3447.36 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. 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 petitioner rather
the recovery has been made from vehicle in question(container)
Patna High Court CR. MISC. No.18388 of 2026(2) dt.24-03-2026
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and the petitioner has been made accused merely on the basis
that he is the driver of the vehicle in question. He further
submits that there is non-compliance of Sections 103 and 105 of
BNSS and the petitioner is in custody since 15.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and there is
non-compliance of Sections 103 and 105 of BNSS, let the
petitioner, 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 Judge-II, Bhagalpur in connection with Sanokhar
P.S. Case No. 02 of 2026, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.18388 of 2026(2) dt.24-03-2026
3/3
iii. 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 antecedent, 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)
Suruchi/-
U T
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