Patna High Court
Md. Fazlur RahmanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions.
Summary
The petitioner, Md. Fazlur Rahman, was arrested as the driver of an e‑rickshaw from which 100 litres of illicit country‑made Chulai liquor was recovered, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he had no knowledge of the liquor, asserting that a passenger had placed it in the vehicle and fled, and highlighted his clean antecedent and short period of custody since 24‑04‑2026. The State opposed bail, but the court, after considering the facts, the petitioner’s innocence claim, and his clean record, ordered his release on bail. Bail was conditioned on a bond of Rs 10,000 with two sureties, one surety being a close relative, and compliance with Section 480(3) of the B.N.S.S. and other attendance conditions. The order thus granted bail subject to these terms.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the circumstances and evidence justify denial of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- Section 480(3)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37997 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Kachna District- Katihar
======================================================
Md. Fazlur Rahman S/o Md. Yunus @ Md. Inus @ Md. Yunus Ali R/o
Kuchidangi, P.S.- Kachna, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kachna P.S. Case No. 23 of 2026 registered
for the alleged offences under Section 30(a) of Bihar Prohibition
and Excise Act.
03. As per prosecution case, recovery of 100 litres of
country made Chulai liquor was made from the E-rickshaw of
the petitioner, who was found driving the same.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner. The petitioner was the driver of
Patna High Court CR. MISC. No.37997 of 2026(2) dt.17-06-2026
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the E-rickshaw and has no knowledge of the liquor being
transported by some passenger, who fled away leaving behind
the liquor. The petitioner is having clean antecedent and he is in
custody since 24.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-II, Katihar/concerned Court in
connection with Kachna P.S. Case No. 23 of 2026, subject to the
conditions mentioned in Section 480(3) of B.N.S.S. and also the
following conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
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consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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