Patna High Court

Tabrez @ Md. TabrezversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Tabrez, a driver, was arrested in connection with the recovery of 202.860 litres of liquor from a tractor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution presented no incriminating material found in the petitioner's possession and asserted that he had no knowledge of the goods loaded. The petitioner had been in custody since 29‑11‑2025, had no prior criminal record, and the required compliance under Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was lacking. The State opposed bail, but the Court, considering the lack of evidence against the petitioner and the prolonged custody, decided to grant bail. Bail was set at Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

What is the appropriate bail disposition for a driver accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating material is found on him?
Does the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affect the grant of bail?

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
driver
liquor seizure
criminal procedure
non‑culpable

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3001 of 2026
                       Arising Out of PS. Case No.-436 Year-2025 Thana- DAGARUA District- Purnia
                 ======================================================
                 Tabrez @ Md. Tabrez S/O Mojibur Rahman @ Mojibur R/O Vill.- Chikani
                 Bazar, P.s.- Kasba, Dist.- Purnea
                                                                      ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pushpendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Harendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Dagarua P.S. Case No. 436 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 202.860

                   liters liquor was recovered from tractor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel

                   further submitted that the petitioner is driver of the vehicle and

                   he has no knowledge regarding the goods loaded in the vehicle.
           Patna High Court CR. MISC. No.3001 of 2026(2) dt.19-01-2026
                                                       2/2




                     The petitioner is in custody since 29.11.2025 and has got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dagarua P.S. Case

                     No. 436 of 2025, subject to the following conditions:

                                  (I) One of the bailors shall be own/close member of

                     the family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…