Patna High Court
Manzar HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, in the absence of incriminating possession and given the circumstances, bail must be granted subject to the conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
The petitioners, Manzar Hussain and Ali Hasan, were arrested after police stopped a three‑wheeler allegedly transporting 129.300 litres of Nepali liquor and recovered the liquor from the vehicle. The petitioners were not the owners or drivers of the auto and no liquor was found in their personal possession. They argued that they were falsely implicated and highlighted their clean (or minimal) antecedents, seeking bail. The State opposed the bail application. Considering the lack of direct incriminating evidence against the petitioners, the nature of the recovery, and the length of their custody, the court ordered their release on bail with a bond of Rs 10,000 each and conditions under Section 480(3) of the B.N.S.S. and other standard bail conditions.
Issues considered
- Whether the petitioners are entitled to bail despite the recovery of liquor from the vehicle in which they were present.
- Whether the absence of direct possession of the contraband by the petitioners justifies granting bail.
Legislation cited
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition law
- excise
- liquor smuggling
- criminal procedure
- Section 30(a)
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25747 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- TERHAGACHH District- Kishanganj
======================================================
1. Manzar Hussain S/o Jaal Mohammad, R/o Masjid Tola Siktiya, Ward no. 4,
P.S.- Jokihat, Dist.- Araria.
2. Ali Hasan @ Md Ali Hasan S/o Jabbar @ Abdul Jabbar, R/o Masjid Tola
Siktiya, Ward no. 4, P.S.- Jokihat, Dist.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Ziaul Quamar, Advocate
Ms. Puja Kumari, Advocate
Mr. Nazia Quamar, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Special Case No. 92 of 2026, arising out of
Tedhagachh P.S. Case No. 82 of 2026, dated 09.03.2026,
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, secret information
was received about transportation of liquor from Nepal to India
on a three-wheeler. Acting upon the tip-off, the said auto
was signaled to stop, and two persons started running
away leaving behind the auto. Both of them were
apprehended and on search of the auto, recovery of 129.300
Patna High Court CR. MISC. No.25747 of 2026(2) dt.17-04-2026
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litres of country made Nepali liquor was made.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioners are innocent and they have
falsely been implicated in the present case. Nothing
incriminating has been recovered from conscious possession of
the petitioners. The alleged recovery has been shown from an
auto and the petitioners are neither owner nor driver of the said
vehicle. Petitioners were apprehended merely on the basis of
their presence in the auto though nothing incriminating has been
recovered from the conscious possession of the petitioners. The
FIR does not even disclose whether the petitioners were owners
or drivers of the vehicle in question. Learned counsel next
submits that petitioner no. 1 has clean antecedent while
petitioner no. 2 has one criminal antecedent in which he is on
bail. Learned counsel lastly submits that petitioners are in
custody since 10.03.2026.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioners.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and also considering the period of custody of
the petitioners, the petitioners, above-named, are directed to be
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released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (Excise-I), Kishanganj / concerned Court, in connection
with Special Case No. 92 of 2026, arising out of Tedhagachh
P.S. Case No. 82 of 2026, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the Court
concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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