Patna High Court
Md. Aktar @ AktarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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