Patna High Court

Md. ImranversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners.

Summary

The petitioners, Md. Imran and Dilsad Ali, were arrested as passengers of a vehicle from which 224.64 litres of liquor was seized, and were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They contended that they had no ownership, control, or knowledge of the contraband and that no incriminating material was found on them, also highlighting the absence of any criminal antecedent. The State opposed bail, relying on the seriousness of the offences. The Court examined the facts, the lack of possession, and the petitioners' custody period, and noted that Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 had not been complied with. Considering these circumstances, the Court decided to grant bail, directing the petitioners to furnish bail bonds of Rs. 15,000 each with two sureties of equal amount. The bail order was directed to be implemented by the concerned lower court handling the excise case.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
Whether the petitioners' status as mere passengers and lack of incriminating material justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is a ground to deny bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
criminal procedure
presumption of innocence
Section 30
Section 32
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2451 of 2026
                        Arising Out of PS. Case No.-332 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
           1.     Md. Imran Son of Late Abdul Jabbar R/o Vill. - Madhopur Chakri Gopalpur
                  Niora, P.S. - Saraiya, District - Muzaffarpur.
           2.    Dilsad Ali Son of Lat Abdulla R/o Village - Vishunpur Mahanand, P.S. -
                 Kanti, Dist. - Muzaffarpur.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Manoj Kumar, Advocate
                 For the Opposite Party/s :         Mr.Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with Sadar

                   Excise P.S. Case No. 332 of 2025, instituted for the offences

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

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 224.640

                   liters liquor was recovered from Tampoo. Petitioners were

                   arrested on the spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
           Patna High Court CR. MISC. No.2451 of 2026(2) dt.19-01-2026
                                                       2/2




                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. The

                     petitioner was neither owner nor driver of the vehicle and they

                     have no knowledge about goods loaded on the vehicle. The

                     petitioners were passengers of the said vehicle. The petitioners

                     are in custody since 16.12.2025 and have got no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sadar Excise P.S.

                     Case No. 332 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Manoj Kumar