Patna High Court
Nisarul Haque @ Nisarul HaqversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is granted bail subject to a Rs 10,000 bond, two sureties, and specified conditions.
Summary
Nisarul Haque was arrested on 12 January 2026 in connection with the seizure of 927.720 litres of foreign liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. The petitioner claimed he had no prior criminal record, was neither the driver nor the owner of the vehicle from which the liquor was recovered, and that the FIR was fabricated. He also pointed out that the co‑accused driver, Soharab Alam, had been granted bail on the same day. The State opposed the bail application. Considering the petitioner’s clean antecedent and the bail granted to the co‑accused, the Court ordered his release on bail with a Rs 10,000 bond, two sureties, and several conditions regarding attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged contravention of Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022.
- Whether the absence of possession and a clean criminal record justify granting bail.
- Whether the bail granted to the co‑accused influences the petitioner’s bail application.
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- criminal procedure
- Section 30(a)
- clean antecedent
- possession
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22659 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Nisarul Haque @ Nisarul Haq S/o- Inayat Hussain Resident of Mirlipur Ps-
Thawe District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan, Advocate
For the State : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Kumar Harshvardhan, learned counsel for
the petitioner and Mr. Rajendra Singh, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
12.01.2026, in connection with Kuchaikote P.S. Case No. 23 of
2026, F.I.R. dated 11.01.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise (Amendment) Act 2022.
3. Recovery is of 927.720 litres of foreign 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 the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
Patna High Court CR. MISC. No.22659 of 2026(2) dt.07-04-2026
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He further submits that from perusal of the F.I.R. it appears that
nothing has been recovered from the conscious possession of
the petitioner rather recovery has been made from the vehicle in
question and petitioner is neither the driver nor the owner of the
vehicle in question. He further submits that co-accused person
namely Soharab Alam who happes to the driver of the vehicle in
question has been granted bail by this Court today i.e. on
07.04.2026 passed in Cr. Misc. No. 22562 of 2026 by this Court
and the petitioner is in custody since 12.01.2026.
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 co-
accused person has been granted bail by this Court today, 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 District &
Additional Sessions Judge-IV cum Exclusive Special Excise
Court-II, Gopalganj in connection with Kuchaikote P.S. Case
No. 23 of 2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.22659 of 2026(2) dt.07-04-2026
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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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