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Patna High Court

Md. Noor @ Md. Noor Alam @ Md. Nur Alam @ Noor Alam @ Nur AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
            Patna High Court CR. MISC. No.27774 of 2026(2) dt.27-04-2026
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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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