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Patna High Court

Md. Rustam @ Rustam AliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a Rs. 10,000 bond with two sureties.

Summary

The petitioner, Md. Rustam Ali, was arrested on 9 May 2025 in connection with an excise case involving the seizure of 56 litres of country-made liquor, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016. He contended that he was merely a passenger in the vehicle (toto) from which the liquor was recovered, had no ownership or control, and possessed a clean antecedent, arguing that the charge‑sheet was filed without compliance of Section 103 of the Bihar Narcotic and Substance Substitution (BNSS) Act, 2023. The State opposed bail, but the court noted the petitioner’s clean record, the non‑compliance of the statutory requirement, and the fact that a co‑accused driver had already been granted bail by a coordinate bench. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was issued on 30 March 2026, effectively disposing of the petition for bail.

Issues considered

  • Whether bail should be granted to the petitioner under the Bihar Prohibition & Excise Act, 2016 in view of the alleged offences under Sections 30(a) and 32(3).
  • Whether the failure to comply with Section 103 of the BNSS, 2023 warrants bail.
  • Whether the petitioner’s role as a passenger and his clean antecedent justify bail, especially when a co‑accused driver has already been released on bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • prohibition act
  • non‑compliance of statutory provision
  • clean antecedent
  • co‑accused bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20950 of 2026
                         Arising Out of PS. Case No.-88 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Md. Rustam @ Rustam Ali Son of Late Abdul Gafar Resident of Village-
                 Karimchak, Korar, P.S.- Chapra Nagar, District- Saran, Chapra

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr. Samir Kumar, Advocate
                 For the State             :         Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                      Heard Mr. Samir Kumar, learned counsel for the

                   petitioner and Mr. Narsingh Tanti, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   09.05.2025, in connection with Sadar Excise P.S. Case No. 88 of

                   2025, F.I.R. dated 08.05.2025                   registered for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition & Excise Act, 2016.

                                 3. Recovery is of 56 litres of country made liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                  He further submits that it

                   appears from the F.I.R. as well as seizure list that nothing has

                   been recovered from the conscious possession of the petitioner

                   rather recovery has been made from the Toto in question and
Patna High Court CR. MISC. No.20950 of 2026(2) dt.30-03-2026
                                            2/3




          petitioner is neither the owner nor the driver of the Toto in

          question and the petitioner was the passenger in Toto in

          question. He further submits that the petitioner has been made

          accused on the basis of suspicion and co-accused person

          namely, Maksud Alam who is driver of the Toto in question has

          been granted bail by a Coordinate Bench of this Court vide

          order dated 24.09.2025 passed in Cr. Misc. No. 67938 of 2025.

          He further submits that there is non-compliance of Section 103

          of BNSS, 2023 and the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 09.05.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and there

          is non-compliance of Sections 103 of the BNSS, 2023 and

          similarly situated co-accused person has been granted bail by a

          Coordinate Bench of this Court, let the petitioner, above named,

          be released on bail on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Excise
               Patna High Court CR. MISC. No.20950 of 2026(2) dt.30-03-2026
                                                           3/3




                         Court No. 03, Saran at Chapra in connection with Sadar Excise

                         P.S. Case No. 88 of 2025, subject to the following conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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