Patna High Court
Naushad AliversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The bail application is disposed of, with the petitioner directed to produce vehicle documents and no coercive step to be taken until 14‑07‑2026.
Summary
The petitioner, Naushad Ali, applied for pre‑arrest bail in a case where 6606.6 litres of illicit foreign liquor were recovered from a truck (Reg. No. MP 09 HG 9900). He contended that the liquor had already been sold to another person. The Court directed him to appear before the Superintendent of Police by 14‑07‑2026 and produce all documents relating to the vehicle. The Superintendent was ordered to obtain a report from the District Transport Office on the original owner of the vehicle and forward it to the concerned District Court. The Court ordered that no coercive action be taken against the petitioner until the specified date and that the District Court may pass appropriate orders thereafter. Consequently, the bail application was disposed of with these conditions.
Issues considered
- What is the appropriateness of granting pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s claim of having sold the illicit liquor affects the bail decision?
- Whether the petitioner should be required to produce vehicle documents and await a transport office report before any coercive action.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- vehicle registration
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37313 of 2026
Arising Out of PS. Case No.-126 Year-2024 Thana- BACHHWARA District- Begusarai
======================================================
Naushad Ali, Son of Abid Ali, Resident of Shaheedo Ka Mohalla, P.S.- Unhel,
District - Ujjain, Madhya Pradesh
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Chandan Kumar Kashyap, learned
counsel appearing on behalf of the petitioner and Mr. Arun
Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bachhwara P.S. Case No. 126 of 2024, registered for the
offence punishable under Sections 30(a) of the Bihar Prohibition
and Excise Act as amended up-to-date.
3. Allegation is of recovery of 6606.6 litres of illicit
foreign liquor from a truck bearing Registration No. MP 09 HG
9900, which the petitioner claims that he had sold to another
person.
4. The petitioner is directed to appear before the
Superintendent of Police, Begusarai on or before 14.07.2026
and produce all the documents relating to the vehicle, which he
Patna High Court CR. MISC. No.37313 of 2026(2) dt.01-07-2026
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claims that he has already sold to another person.
5. The Superintendent of Police, Begusarai is directed
to obtain report from the concerned District Transport Office
(D.T.O.) about the original owner of the vehicle on the basis of
Registration No. MP 09 HG 9900, Engine No. 31B84096959
and Chassis No. MA146642005B01704 and intimate the same
to the learned District Court concerned.
6. Till the aforesaid period i.e. 14.07.2026, no
coercive step shall be taken against the petitioner in connection
with the aforesaid case.
7. Learned District Court once receive the report,
may pass appropriate order in accordance with law.
8. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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