Patna High Court
Md. Sufel Sah @ Md. SufailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Md. Sufel Sah and Suresh Ram, were arrested on 25 November 2025 after police recovered 216 litres of liquor from a pick‑up van and alleged they were involved in offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioners contended that they were not in possession of the liquor, that a friend of the first petitioner was using the vehicle, and that no incriminating material was found on them; they also highlighted their clean criminal record and the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail. Considering the facts, the clean antecedent of the accused and the period of custody already served, the Court inclined to grant bail. The petitioners were ordered to be released on bail upon furnishing a bond of Rs.15,000 each with two sureties of the same amount. The order was pronounced by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences.
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023 precludes bail.
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 103 B.N.S.S. 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19 of 2026
Arising Out of PS. Case No.-957 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
1. Md. Sufel Sah @ Md. Sufail S/o Late Md. Hanif Sah Resident of Village-
Majhauli, Ward No.9, P.S.- Belsar O.P., District- Vaishali
2. Suresh Ram S/o Harendra Ram Resident of Village- Majhauli, Ward No.9,
P.S.- Belsar O.P., District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur, Advocate
For the Opposite Party/s : Ms.Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in Special Case No.
975/2025, arising out of Excise P.S. case No. 957 of 2025
instituted for the offences under Sections 30(a) and 32(3) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 216 liters
liquor was recovered from pick-up van and the petitioners
were arrested on spot.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.19 of 2026(2) dt.19-01-2026
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implicated in the present case. No incriminating material
has been recovered from the conscious possession of the
petitioners. The petitioners have got no concern with the
alleged recovery of liquor. Learned counsel for the
petitioners submits that friend of petitioner No. 1 has taken
the car for personal use and without checking the vehicle,
the petitioner No. 1, who is owner of the car and petitioner
No. 2, sitting as passenger when the police recovered the
liquor. The petitioners have no concerned with the said
liquor. I The petitioners are in custody since 25.11.2025
and have got no criminal antecedent. There is no
compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and
circumstances of the case, clean antecedent and the period
of custody undergone by the petitioners, this Court is
inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand)
each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.19 of 2026(2) dt.19-01-2026
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satisfaction of Court below/concerned Court in connection
with Special Case No. 975/2025, arising out of Excise P.S.
case No. 957 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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