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Patna High Court

Manzar HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
          Patna High Court CR. MISC. No.25747 of 2026(2) dt.17-04-2026
                                                      3/3




                    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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