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Patna High Court

Md. NasirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to both petitioners subject to a Rs.10,000 bond, two sureties, and specific conditions of appearance.

Summary

The petitioners, Md. Nasir and Md. Arman, were arrested as driver and passenger of a tempo from which 225 litres of Nepali liquor was seized, leading to charges under Sections 30(a), 32(1) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioners argued that they were not owners of the vehicle, there was no independent witness to the seizure, and one of them had a clean antecedent while the other had a prior similar offence. The State opposed bail, relying on the allegations in the FIR. The Court examined the lack of direct evidence linking the petitioners to the liquor and considered the prior record, ultimately deciding to grant bail. Each petitioner was required to furnish a bail bond of Rs.10,000 with two sureties, one of whom must be a blood relative, and to appear in court regularly, with bail liable to be cancelled upon non‑appearance on two consecutive dates.

Issues considered

  • Whether bail should be granted to the accused in an excise case involving seizure of illicit liquor under the Bihar Prohibition and Excise (Amendment) Act, 2018
  • Whether the absence of an independent witness to the seizure and the petitioners' lack of ownership of the tempo affect the bail decision
  • Impact of a prior similar criminal antecedent on the grant of bail

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35932 of 2026
                  Arising Out of PS. Case No.-87 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
                 ======================================================
           1.     Md. Nasir Son of Md. Bhutkun R/o - Jhanjharpur, Ward No.12, P.S -
                  Jhanjharpur, District - Madhubani, Bihar
           2.     Md. Arman Son of Md. Ayub Resident at village- Khutauna, ps- Khautauna,
                  Dist- Madhubani
                                                                           ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State through virtual mode.

                                   2. The petitioners seek bail in a case registered for

                   the offence punishable under Sections 30(a), 32(1) and 32(3) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                   3. As per the prosecution case, 225 litres of Nepali

                   liquor was recovered from Tempo.

                                   4. Learned counsel for the petitioners submits that

                   the petitioners are said to be the driver and the passenger of the

                   said tempo. However, there is no independent witness to search

                   and seizure. The petitioners are neither the owner of the tempo

                   nor have any concern with the alleged recovered liquor. The

                   petitioners are in custody since 24.04.2026 and while petitioner

                   no.1 has clean antecedent, petitioner no.2 has one criminal
            Patna High Court CR. MISC. No.35932 of 2026(2) dt.08-06-2026
                                                        2/2




                      antecedent of similar nature.

                                      5. Learned APP for the State opposed the grant of

                      bail on the basis of allegation made in the First Information

                      Report.

                                     6. Taking into consideration the facts and

                      circumstances of the case, let the above named petitioners, be

                      released on bail on furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) each with two sureties of the like

                      amount each to the satisfaction of the learned Exclusive Special

                      Judge Excise Act, Jhanjharpur, Motihari/concerned Court

                      below in connection with Excise Jhanjharpur P.S. Case No. 87

                      of 2026 subject to condition that:-

                                     (i) One of the bailors will be their own blood

                      relative, preferably, father, mother, brother, sister.

                                     (ii) The petitioners shall remain physically present

                      in court on each and every date during trial and in the event of

                      failure on two consecutive dates without sufficient reasons,

                      their bail bonds shall be liable to be cancelled by the learned

                      court concerned.



                                                (Soni Shrivastava, J)
anand/-
U       T


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