Patna High Court
Md. Noor @ Md. Noor Alam @ Md. Nur Alam @ Noor Alam @ Nur AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Noor, was arrested on 26 March 2026 in connection with the seizure of 2,800.44 litres of illicit foreign liquor from a truck he owned, under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no conscious possession of the liquor, had a clean antecedent, and was implicated solely because he owned the vehicle. The prosecution opposed bail, while the petitioner argued that the seizure list witnesses were police officers, indicating non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The court, noting the lack of direct evidence against the petitioner and the procedural lapses, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, and no tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- What is the applicability of Section 30(a) of the Bihar Prohibition and Excise Act, 2018 to the petitioner who is merely the owner of the truck?
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023 warrants granting bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify bail despite the seizure of a large quantity of illicit liquor.
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS Act
- Section 30(a)
- Section 103
- Section 105
- ownership of vehicle
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27774 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- MUSRIGHRARI District- Samastipur
======================================================
Md. Noor @ Md. Noor Alam @ Md. Nur Alam @ Noor Alam @ Nur Alam
S/O Late Kayum R/O- Bhutan, P.S.- Hathauri, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Shashank Shekhar, learned counsel for the
petitioner and Ms. Meena Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
26.03.2026 in connection with Musrigharari P.S. Case No. 08 of
2026, F.I.R. dated 14.01.2026 for the offences punishable under
Section 30(a) and of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 2800.440 liters of illicit foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.27774 of 2026(2) dt.27-04-2026
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the recovery of altogether 2800.440 liters of illicit liquor has
been made from the truck in question and one Pukraj was
arrested and disclosed that the petitioner is the owner of the said
truck. He further submits that petitioner has been made accused
merely on the ground that he is owner of the truck in question.
It appears from the seizure list that the seizure list witnesses are
the police personnel, so there is non-compliance of Section
103/105 of the BNSS, 2023. The petitioner is in custody since
26.03.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstance
that the petitioner has clean antecedent, he has been made
accused merely on the ground that he is owner of the truck in
question and there is non-compliance of Section 103/105 of the
BNSS, 2023, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge Excise-I, Samastipur in
connection with Musrigharari P.S. Case No. 08 of 2026 subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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