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Patna High Court

Md. Aktar @ AktarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Md. Aktar, was arrested in connection with an excise case where 405 litres of liquor were seized from three motorcycles. He contended that he was merely a passerby, had no criminal antecedents, and that no incriminating material was found on his person. The State opposed his bail application, citing the seriousness of the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court noted the petitioner’s clean record, the short period of custody, and the lack of direct evidence linking him to the liquor. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the petitioner in an offence under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the petitioner’s lack of direct incriminating material and clean antecedents justify bail

Legislation cited

Subjects

  • bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3617 of 2026
                       Arising Out of PS. Case No.-452 Year-2025 Thana- Excise P.S. District- Araria
                 ======================================================
                 Md. Aktar @ Aktar S/o- Md. Niyamat @ Md. Billat R/v- Koshikapur, W.No-
                 7, Po- Nawabganj Ps- Fulkaha Dist- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rahul Raj, Advocate
                 For the Opposite Party/s :         Mr. Nitya Nand Tiwary, APP
                 ======================================================
                 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 Araria

                   Excise Prohibition PS Case No. 452 of 2025 instituted for the

                   offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 405 liters

                   liquor was recovered from three motorcycles.

                           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. It is submitted
           Patna High Court CR. MISC. No.3617 of 2026(2) dt.19-01-2026
                                                       2/2




                     that petitioner was merely passerby and has become the victim

                     of the circumstance. The petitioner is in custody since

                     28.11.2025 and has got no criminal antecedent/s. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court              in connection with Araria Excise

                     Prohibition PS Case No. 452 of 2025.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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