Patna High Court
MD. RAJAversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, MD Raja, was arrested in connection with the seizure of 181.44 liters of illicit liquor from a Bolero vehicle, charged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He claimed he was merely a co‑driver, that the driver escaped, and that no liquor was found in his conscious possession. He also argued that the police witnesses and the failure to comply with Section 105 of the BNSS rendered the case procedurally defective, and highlighted his clean criminal record. The State opposed bail, but the court, after considering the lack of direct possession, the procedural lapse, and the petitioner’s innocence claim, ordered his release on regular bail. He was required to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Special Excise Court.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 105 of the BNSS by the police affects the bail application.
- Whether the petitioner’s role as a co‑driver and lack of conscious possession justify bail.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise law
- illicit liquor
- procedural lapse
- co‑driver
- clean criminal record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28409 of 2026
Arising Out of PS. Case No.-530 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
MD. RAJA Son of Ali Ahmad @ Ali Mohammad Sah Resident of Village -
Ragho Majhouli, P.S.- Bochaha, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Anand, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 30 (a) and
32 (3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a Bolero
vehicle 181.440 liters illicit liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner is merely a co-driver of the vehicle and the driver of
the said vehicle managed to escape. It is further submitted that
nothing has been recovered from the conscious possession of
the petitioner. It is further submitted that all the witnesses of the
Patna High Court CR. MISC. No.28409 of 2026(2) dt.05-05-2026
2/2
seizure list are police personnel and the police had not complied
the mandatory provision of Section 105 of the BNSS.
Moreover, the petitioner is languishing in judicial custody since
20.03.2026 having no criminal antecedent.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Muzafarpur Excise P.S. Case No. 530 of
2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learnedExclusive Special Excise Court No. II, Muzaffarpur.
(Ashok Kumar Pandey, J)
Jagdish/-
U
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