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Patna High Court

MD. RAJAversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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