Patna High Court
Md. LadleversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners with conditions, finding no sufficient ground to keep them in custody.
Summary
The petitioners, Md. Ladle and Bharat Manjhi, were arrested on 30 January 2026 in connection with a case involving the alleged illegal possession of 30 litres of country-made liquor and 1,000 litres of semi‑finished liquor, offences punishable under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Act. They contended that the FIR was fabricated, that they had no role in the seizure, and that the police failed to comply with Sections 103 and 105 of the BNSS, 2023 regarding the seizure list witnesses. The State opposed their bail application. The High Court, after considering the clean antecedent claimed by the petitioners and the alleged procedural lapses, granted bail on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for the alleged liquor offences.
- Whether the alleged procedural irregularities (non‑compliance with Sections 103/105 of BNSS, 2023) justify release on bail.
- Whether the petitioners' claim of a fabricated FIR and lack of involvement affect the bail decision.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition
- excise
- liquor seizure
- false FIR
- procedural irregularity
- criminal antecedent
- Section 103
- Section 105
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18438 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- DARIYAPUR District- Saran
======================================================
1. Md. Ladle S/O Md. Ali R/O Village- Hukraha, P.S.- Dariyapur, Distt.- Saran.
2. Bharat Manjhi S/O Bali Manjhi R/O Village- Hukraha, P.S.- Dariyapur,
Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr. Hemant Kumar, learned counsel for the
petitioners and Mr. Rana Randhir Singh, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
30.01.2026 in connection with Dariyapur P.S. Case No. 79 of
2026, F.I.R. dated 30.01.2026 for the offences punishable under
Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise
Act.
3. Recovery is of 30 liters of country made liquor and
1000 liters of semi finished 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
Patna High Court CR. MISC. No.18438 of 2026(3) dt.30-04-2026
2/3
FIR is false and fabricated and the petitioners have not
committed any offence as alleged in the FIR. He further submits
that it appears from the seizure list that altogether 30 liters of
country made liquor and 1000 liters of semi finished liquor
have been recovered from the place of occurrence. He further
submits that the 1000 liters of semi finished liquor has been
destroyed by the police which was recovered from the open
place and petitioners have no role at all in the present
occurrence and their names have been transpired on the basis of
secret information as well as on the basis of disclosure made by
the local chowkidar. It appears from the seizure list that the
seizure list witnesses are the police personnel, so there is non-
compliance of Section 103/105 of the BNSS, 2023. The police
have submitted charge sheet against the petitioners and the
petitioners are in custody since 30.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned 01 Exclusive Special Excise Court, Saran at Chapra in
Patna High Court CR. MISC. No.18438 of 2026(3) dt.30-04-2026
3/3
connection with Dariyapur P.S. Case No. 79 of 2026 subject to
the following conditions:-
i. 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.
ii. 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.
iii. 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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