Patna High Court
Sarfaraz Khan @ SarfarazversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the petitioners' clean record and the alleged procedural irregularities in the seizure, bail should be granted.
Summary
The petitioners, a driver and co‑driver of a truck, were arrested after 882 litres of foreign liquor were seized from the vehicle under the Bihar Prohibition and Excise Act. They contended that they had no knowledge of the liquor, were not in physical possession, and that the search and seizure were conducted without an independent witness, violating statutory requirements. The State opposed bail, citing the seriousness of the offence. The court examined the facts, noted the petitioners' clean criminal record and the alleged procedural lapses, and decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount, pending further trial.
Issues considered
- Whether the petitioners are entitled to bail despite the alleged possession of a large quantity of foreign liquor.
- Whether alleged violations of the mandatory search and seizure procedures justify granting bail.
- Whether the petitioners' lack of knowledge of the contraband and absence of prior criminal antecedents affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 36, 41
Subjects
- bail
- prohibition law
- excise
- search and seizure
- procedural irregularity
- foreign liquor
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36104 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- KARPURIGRAM District- Samastipur
======================================================
1. Sarfaraz Khan @ Sarfaraz S/o Nizam Khan @ Nizar Khan Resident of
Village- Wasseypur, Ward No. 16, PS- Bhuli, District- Dhanbad at Jharkhand
2. Md. Sahid S/o Late Abdul Haq Resident of Village- New Islampur (Pander
Pada), PS- Bhuli, District- Dhanbad at Jharkhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Rajendra Nath Jha
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 30(a), 32, 36, 41 of the
Bihar Prohibition and Excise Act.
3. Perusal of the first information report and the
seizure list, would go to show that 882 liters of foreign liquor is
said to have been recovered from the truck.
4. It is submitted by learned counsel for the
petitioners that there is no recovery from the physical and
conscious possession of the petitioners. It is submitted that the
petitioners are the driver and co-driver of the said truck and they
had no knowledge with regard to the presence of the liquor in
Patna High Court CR. MISC. No.36104 of 2026(2) dt.08-06-2026
2/2
the said truck. It is further submitted that the mandatory
provisions of search and seizure have been violated as there is
no independent witness to the seizure list and the petitioners
with no criminal antecedent are languishing in judicial custody
since 07.04.2026.
5. Learned APP for the State opposes the prayer for
bail.
6. Taking into consideration the facts and
circumstances and also considering the fact that the petitioners
have no criminal antecedent, let the above named petitioners be
enlarged 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 Court below where the case is
pending/successor Court in connection with Karpoorigram P.S.
Case 42 of 2026.
(Soni Shrivastava, J)
devendra/-
U T
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