Patna High Court
Hafiz MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Hafiz Mian, was arrested in connection with Excise P.S. Case No. 826 of 2019 alleging possession of 2,462.4 litres of liquor, violating Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating article was found in his possession, and that he had no link to the vehicle or the liquor recovered. The petitioner also highlighted his lack of criminal antecedents and the alleged non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, the court found the petitioner's claim credible and, noting the period of custody already served, decided to grant bail on the condition of a Rs. 15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- false implication
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3922 of 2026
Arising Out of PS. Case No.-826 Year-2019 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Hafiz Mian Son of Sabullah Miya @ Sanaullah Miya Resident of Village-
Chargaha, P.S.- Turkauliya, District- East Champaran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 826 of 2019 instituted for the offences punishable
under Sections 30(a), 32, 41(1) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 2462.400
litres of liquor was recovered from truck.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.3922 of 2026(2) dt.27-01-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 02.12.2025 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise P.S. Case No.
826 of 2019.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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