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Patna High Court

MD. YUNUS @ YUNUSversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.

Summary

Md. Yunus was arrested on 3 March 2026 in connection with an excise case involving the seizure of 95 litres of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he had no prior criminal record, was falsely implicated, and that the liquor was recovered from a tempo he did not own, with alleged non‑compliance of Sections 103 and 105 of the BNSS during seizure. The State opposed bail, but the court considered the lack of conscious possession, the petitioner’s clean antecedent, and the procedural lapses. The court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail bond was to be accepted without delay pending verification of the petitioner’s criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances of the excise case.
  • Whether the seizure of the liquor complied with statutory provisions, particularly Sections 103 and 105 of the BNSS.
  • Whether the petitioner poses a risk of tampering with evidence or fleeing.

Legislation cited

  • BNSS — s. 103, 105

Subjects

  • bail
  • excise law
  • illegal liquor
  • Section 30
  • Bihar Prohibition and Excise Act
  • false implication
  • seizure procedure
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28720 of 2026
                        Arising Out of PS. Case No.-84 Year-2026 Thana- Excise P.S. District- Araria
                 ======================================================
                 MD. YUNUS @ YUNUS S/o- Late Fakruddin @ Fakhruddin R/v- Madhura
                 W.No-12, Ps- Forbesganj Dist- Araria

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Md Naushaduzzoha, Advocate
                 For the Opposite Party/s :         Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-04-2026                      Heard Md. Naushaduzzoha, learned counsel for the

                   petitioner and Mr. Ashok Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.03.2026 in connection with Araria Excise P.S. Case No. 84 of

                   2026, F.I.R. dated 03.03.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

                               3. Recovery is of 95 liters of Chulai 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

                   the recovery has been made from tempo in question and the
Patna High Court CR. MISC. No.28720 of 2026(2) dt.28-04-2026
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          petitioner is not the owner of the tempo in question. He further

          submits that seizure list witnesses are police personnel and there

          is non-compliance of Section 103 and 105 of BNSS and the

          petitioner is in custody since 03.03.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          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 District

          and Additional Sessions Judge-cum-Exclusive Special Judge,

          Excise-II, Araria in connection with Araria Excise P.S. Case No.

          84 of 2026, subject to the following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           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
            Patna High Court CR. MISC. No.28720 of 2026(2) dt.28-04-2026
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                      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)
Suruchi/-

U      T


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