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Patna High Court

Nawab KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Nawab Khan, a driver, was arrested for allegedly transporting 8,769.6 litres of liquor in a truck seized by the Excise police. He claimed he was not the owner of the vehicle, had no knowledge of the contraband, and possessed a clean criminal record. The petitioner sought regular bail, arguing he would not abscond and would cooperate with the trial. The State opposed the bail. The court considered the petitioner’s lack of ownership, clean antecedents, and the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, and found no risk of absconding. Consequently, the court ordered his release on bail upon furnishing a Rs.5,000 bond with two sureties.

Issues considered

  • Whether regular bail should be granted to the driver accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018

Subjects

  • bail
  • excise
  • liquor seizure
  • driver
  • criminal procedure
  • Bihar Prohibition Act
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20552 of 2026
                     Arising Out of PS. Case No.-406 Year-2025 Thana- Excise P.S. District- Samastipur
                 ======================================================
                 Nawab Khan Son of Suba Khan R/O Vill.- Unroad, P.S.- Girab, District -
                 Barmer, Rajasthan.
                                                                       ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Aslam Ansari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 8769.600 litres of liquor from a truck.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not the owner of the seized vehicle and came to be

                   implicated being the driver of the truck. It is further submitted

                   that petitioner was completely unaware that what was loaded in

                   the truck for transportation. It is next submitted that petitioner is

                   in custody since 26.12.2025 and if the privilege of regular bail is

                   granted to the petitioner, the petitioner will not abscond rather
           Patna High Court CR. MISC. No.20552 of 2026(2) dt.18-04-2026
                                                       2/2




                     will cooperate in the trial to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with Sadar

                     Excise P.S. Case No. 406 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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