Patna High Court
Md. Dilshad @ Md. Dilshan @ DilshadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Md. Dilshad, was arrested as the driver of a vehicle from which 346.77 liters of foreign liquor were recovered, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, that no incriminating material was found in his personal possession, and that he has a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The court considered the lack of direct evidence against the petitioner, his short period of custody since 17‑11‑2025, and the absence of compliance with Section 103 of the BNSS, 2023. Concluding that the circumstances did not justify continued detention, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused driver in a case of alleged possession of foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- Section 30(a)
- criminal procedure
- custody
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2070 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- KRITYANAND NAGAR District-
Purnia
======================================================
Md. Dilshad @ Md. Dilshan @ Dilshad S/o- Md. Murshid R/v- Jhitkiya
W.No-6, Ps- Singheswar Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Krityanand
PS Case No. 283 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 346.77 liters of
foreign liquor was recovered from the car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner submits that the petitioner is the driver of the
Patna High Court CR. MISC. No.2070 of 2026(2) dt.19-01-2026
2/2
vehicle in question and he has no knowledge regarding the
nature of goods kept in the vehicle. The petitioner is in custody
since 17.11.2025 and has got clean criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Krityanand PS Case
No. 283 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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