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Patna High Court

Abdul MiyanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Abdul Miyan, a driver, was arrested in connection with the seizure of 328.320 litres of illicit foreign liquor from a Baleno car, alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner argued that the liquor was not in his possession, that the police failed to comply with Section 105 of the BNSS during the seizure, and that he had no prior criminal record, having been in judicial custody since 19‑04‑2026. The State opposed the bail application. After hearing both sides, the Court considered the lack of direct possession, the petitioner’s role as a driver, and his clean antecedent, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties, to be satisfied before the Exclusive Special Excise Judge of Buxar. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to a driver accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the seizure of liquor was lawful given the alleged non‑compliance with Section 105 of the BNSS.
  • Whether the petitioner’s lack of criminal antecedents and role as a driver justify bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • seizure
  • driver
  • criminal antecedent
  • Section 30(a)
  • Section 105
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37080 of 2026
                      Arising Out of PS. Case No.-115 Year-2026 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Abdul Miyan Son of Alijan Miyan Resident Of Village- Chiljhapti P O-
                 Bhawanipur P S -Nakardai District- Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Brahmpur P.S. Case No.115 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act.

                                3. The case of the prosecution, in short, is that

                   altogether 328.320 litres of illicit foreign liquor was recovered

                   from a baleno car.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that nothing has been recovered from

                   the possession of the petitioner. It has been submitted that the

                   witnesses of the seizure list are police personnel and police have

                   not complied Section 105 of the BNSS while making seizure. It
            Patna High Court CR. MISC. No.37080 of 2026(2) dt.18-06-2026
                                                        2/2




                      has further been submitted that the petitioner is merely a driver

                      of the said car. It has been submitted that the petitioner is having

                      no criminal antecedent and he is in judicial custody since

                      19.04.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Exclusive Special Excise Judge, Court No.-2, Buxar in

                      connection with Brahmpur P.S. Case No. 115 of 2026.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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