Patna High Court
NomanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner has a clean antecedent, no conscious possession, and does not own the vehicle, subject to prescribed conditions.
Summary
The petitioner, Noman, was arrested on 14 February 2026 in connection with the seizure of 868.5 litres of foreign liquor from a pick‑up van, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. He contended that he has a clean antecedent, was not the owner of the vehicle and had no conscious possession of the liquor. The State opposed the bail application. The court noted the lack of evidence of possession by the petitioner and the non‑compliance of Sections 103 and 105 of BNSS, 2023, but considered his clean record. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding attendance, non‑tampering with evidence and verification of antecedents. The bail order was directed to be implemented by the Exclusive Excise Special Court No.‑1, Buxar.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 given the facts of the case.
- Whether the alleged non‑compliance of Sections 103 and 105 of BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- clean antecedent
- possession
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22524 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- ITARHI District- Buxar
======================================================
Noman Son of Shamshad Resident of Village - Shekhpura Kadim, Police
Station - Dihat Kotwali, District - Saharanpur, U.P.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Rai Sharma, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr.Manish Rai Sharma,learned counsel for the
petitioner and Mr.Pradeep Narain Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
14.02.2026 in connection with Itarhi P.S. Case No. 29 of 2026,
F.I.R. dated 14.02.2026 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise
Amendment Act, 2018.
3. Recovery is of 868.5 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. Further submits
that it appears from the FIR as well as the seizure list that
altogether 868.5 liters of foreign liquor was recovered from the
Pick-Up-Van in question and nothing has been recovered from
Patna High Court CR. MISC. No.22524 of 2026(2) dt.07-04-2026
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conscious possession of the petitioner and petitioner is not the
owner of the vehicle in question and it appears from the seizure
list that there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 14.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Excise Special Excise Court No.-1, Buxar in
connection with Itarhi P.S. Case No. 29 of 2026,with the
following conditions:-
(I) One of the bailors shall be the close relative of the
petitioner.
(II) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.22524 of 2026(2) dt.07-04-2026
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for cancellation of bail.
(IV) 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 antecedent, 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)
Nitesh/-
U T
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