Patna High Court
Nurul EzamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, a truck driver, was arrested after a seizure of 6,595.560 litres of illicit liquor from his vehicle. He applied for bail, asserting that he had no knowledge of the contraband and that it was not in his personal possession. The prosecution opposed bail, relying on the allegations in the FIR. The court noted that the charge sheet had been filed and considered the mandatory provisions of the Bihar Prohibition and Excise Amendment Act, 2018. Weighing the circumstances, the court granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the Special Excise Judge. The order released the petitioner pending trial.
Issues considered
- Whether bail can be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, given lack of knowledge and possession of illicit liquor.
Legislation cited
Subjects
- bail
- illicit liquor
- excise law
- driver
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36208 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur
======================================================
Nurul Ezam S/o Faruk Ansari Resident of Village- Chirudhi, P.S.- Dumka,
District- Dumka (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2018.
3. As per the prosecution case, there is a recovery
of 6595.560 litres of illicit liquor from a 12-wheeled Truck.
4. Learned counsel for the petitioner submits that
the petitioner is the driver of the said truck and he had no
knowledge about the consignment which was loaded on the
said truck, which would only be known to the owner of the
truck and the consignee. There is no recovery from personal or
conscious possession of the petitioner. There is no independent
witness to search and seizure. The petitioner has no criminal
Patna High Court CR. MISC. No.36208 of 2026(2) dt.09-06-2026
2/2
antecedent and is in custody since 07.02.2026 and charge-sheet
has already been submitted.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the violation of mandatory
provisions of law and charge-sheet has been submitted, let the
above named petitioner, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned
Exclusive Special Excise Judge-2, Bhojpur at Ara/concerned
Court below in connection with Jadishpur P.S. Case No. 19 of
2026.
(Soni Shrivastava, J)
anand/-
U T
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