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Patna High Court

Md. Fazlur RahmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.37997 of 2026(2) dt.17-06-2026
                                                        3/3




                                                      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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