Patna High Court
Md. AfjalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Md Afjal, a driver of a tempo, was arrested in connection with the seizure of 200.610 litres of illicit liquor and charged under Section 317(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the vehicle, had no involvement in the illegal liquor, and possessed a clean criminal record, having been in custody since 4 October 2025. The State opposed his bail application. The High Court, considering his clean antecedent, the nature of the alleged offence, and the period of custody, granted regular bail on the condition of a Rs.10,000 bond with two sureties and monthly attendance at the police station. The order also stipulated verification of his antecedents without causing undue delay. The court clarified that its observations were prima facie and not to influence the trial.
Issues considered
- Whether the driver of the seized vehicle is eligible for regular bail despite the alleged offence under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of innocence and clean antecedent justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 317(5)
Subjects
- regular bail
- illicit liquor
- excise law
- driver liability
- clean antecedent
- Section 317(5)
- Section 30(a)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20889 of 2026
Arising Out of PS. Case No.-489 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Md. Afjal S/O Md. Sahbaj @ Shahwaz Alam @ Shahbaz Resident of Village-
Charaiya, ward no. - 06, P.S.- Baisi, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sadar P.S. Case No. 489 of 2025 registered for the offence under
Section 317(5) of the B.N.S., 2023 and u/s 30(a) of the Bihar
Prohibition and Excise Act.
3. The recovery is of 200.610 litres of illicit liquor
from a tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is not the owner of the seized tempo rather he is a
driver. He has no concern with the alleged recovery. Petitioner is
in custody since 04.10.2025 having clean antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.20889 of 2026(2) dt.02-04-2026
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opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and period of
custody, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge (Excise-01),
Purnea/concerned court below in connection with Sadar P.S.
Case No. 489 of 2025, with a condition that:
(i). The petitioner shall mark his
attendance at Baisi Police Station on
every Sunday of each month. In the event
of default, the bail bonds shall be liable
to be cancelled.
(ii) At the time of acceptance of bail
bonds, the court below shall verify the
antecedents of the petitioner. The bail
bonds shall be accepted only upon
confirmation that the petitioner has no
criminal antecedent. However, such
verification shall not be used as a
ground to unnecessarily delay
acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.20889 of 2026(2) dt.02-04-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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