Patna High Court
MD. YUNUS @ YUNUSversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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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