Patna High Court
Nawab KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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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