Patna High Court
Md. Nisar @ Md. NesarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, holding that ownership alone does not preclude bail where the accused lacks knowledge and has no prior criminal antecedent.
Summary
The petitioner, Md. Nisar, sought bail in a case where 207 litres of illicit foreign liquor were seized from his four‑wheel vehicle, alleged to violate Sections 274 and 275 of the B.N.S and Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The prosecution argued that the liquor was found in his vehicle, while the petitioner contended he was merely the owner, had no knowledge of the contraband, and had no prior criminal record, having been in judicial custody since 23‑02‑2026. The State opposed bail, asserting the seriousness of the offence. After hearing both sides, the court considered the lack of direct involvement, the petitioner’s clean antecedent, and the circumstances of ownership. The court consequently ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether ownership of a vehicle in which illicit liquor is found suffices to deny bail under the applicable excise statutes.
- Whether the petitioner’s lack of knowledge and clean criminal record justify granting bail despite the seizure.
Legislation cited
- B.N.S. — s. 274, 275
Subjects
- bail
- illicit liquor
- excise law
- vehicle ownership
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20526 of 2026
Arising Out of PS. Case No.-92 Year-2024 Thana- MADHWAPUR District- Madhubani
======================================================
Md. Nisar @ Md. Nesar S/O Abdul Jabbar Sah Resident of Village- Dargah
Chowk, Ward No. 14, P.S- Madhubani Town, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Madhawapur P.S. Case No. 92 of 2024 registered for the
offence punishable under Sections 274 and 275 of B.N.S and
Section 30(a) of Bihar Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short, is that from a
four wheeler, altogether 207 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He was not apprehended at the place of
occurrence. He has been framed in this case only on the basis of
ownership. He is owner of the seized vehicle. At that time, the
Patna High Court CR. MISC. No.20526 of 2026(2) dt.31-03-2026
2/2
vehicle was driven by the driver. He is having no knowledge
regarding the alleged liquor. He is having no criminal
antecedent and he is languishing in judicial custody since
23.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
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. 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 Judge, Excise, Madhubani in connection with
Madhawapur P.S. Case No. 92 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.