Patna High Court
Basiruddin Haider @ Md. Lal Babu SheikhversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Basiruddin Haider, a driver, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1,413 liters of illicit Nepali liquor seized from a pick‑up van. He claimed he was unaware of the liquor, that no contraband was found in his personal possession, and that the police failed to comply with Section 105 of the Bihar Narcotic and Smuggling Act during the seizure. The State opposed his regular bail, citing his prior similar criminal antecedent and his continued judicial custody since 25‑02‑2026. After hearing both sides, the High Court considered the facts, the alleged procedural lapse, and the petitioner’s claim of innocence, and decided to grant regular bail. The bail was conditioned on a bond of Rs 10,000 with two sureties, to be filed with the Exclusive Special Excise Court, Sitamarhi.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged offence under the Bihar Prohibition and Excise Act and his prior criminal antecedent
- Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Narcotic and Smuggling Act
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- seizure
- driver liability
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27355 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- Bhittha District- Sitamarhi
======================================================
Basiruddin Haider @ Md. Lal Babu Sheikh S/o Late Md. Ijhar R/o Village -
Gadha Jogiya, ward no. 2 @ Yogia Garha, P.S. - Pupri, Dist. - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Bhittha P.S. Case No. 18 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that
altogether 1413 liters of illicit Nepali country-made liquor was
recovered from a Bolero pick-up van.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Petitioner is the driver of the car and he was unaware of
the alleged liquor kept in the pick-up van. He also submits that
Patna High Court CR. MISC. No.27355 of 2026(2) dt.23-04-2026
2/2
nothing has been recovered from the possession of the
petitioner. The witnesses of the seizure list are police personnel
and the police has not complied with Section 105 of the BNSS
while making the seizure. Petitioner has one criminal antecedent
of similar nature. Moreover, the petitioner is languishing in
judicial custody since 25.02.2026.
5. The application for regular bail is opposed by
learned APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise, Court No. 2, Sitamarhi, in connection
with Bhittha P.S. Case No. 18 of 2026.
(Ashok Kumar Pandey, J)
khushbu/-
U T
Checking your session…