Patna High Court
Abdul MiyanversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 105
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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