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Patna High Court

Abdul RehmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s lack of criminal antecedent, his role as a driver without knowledge of the contraband, and the conditions imposed, regular bail under section 30(a) of the Bihar Prohibition & Excise Act, 2016 should be granted.

Summary

The petitioner, Abdul Rehman, was arrested as the driver of a vehicle from which 640.5 litres of illicit foreign liquor were seized under section 30(a) of the Bihar Prohibition & Excise Act, 2016. He claimed innocence, stating he had no knowledge of the contraband and no prior criminal record. The State opposed his regular bail application. The court considered the petitioner’s lack of antecedents, his limited role as a driver, and his willingness to provide a charitable donation. It concluded that bail was appropriate subject to conditions. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, and imposed attendance requirements at the police station.

Issues considered

  • Whether regular bail should be granted to a driver accused under section 30(a) of the Bihar Prohibition & Excise Act, 2016 for possession of illicit liquor
  • Whether the petitioner’s lack of knowledge and clean record justify bail despite the seriousness of the offence

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • driver
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39756 of 2026
                     Arising Out of PS. Case No.-115 Year-2026 Thana- GOPALPUR District- Gopalganj
                 ======================================================
                 Abdul Rehman S/o Sultan Khan Resident of Village- I Block 376, Sabdurga
                 Vihar Lakkapur, PS- Surajkund, Dist- Faridabad(Haryana)

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nilesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Gopalganj P.S. Case No. 115 of 2026 registered for the offence

                   under sections 30(a) of the Bihar Prohibition & Excise Act,

                   2016.

                                3. The recovery is of 640.500 litres of illicit foreign

                   liquor from two cars.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is only the driver of one of the

                   vehicles and he had no knowledge of the alleged contraband

                   loaded in the vehicle. Petitioner is in custody since 30.03.2026

                   without any fault.
Patna High Court CR. MISC. No.39756 of 2026(2) dt.22-06-2026
                                            2/3




                       5. Learned counsel for the petitioner also submits that

          the petitioner is ready to donate Rs.25,000/- in some charitable

          organization without accepting his guilt

                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Court-II,

          Gopalganj/ concerned Court below, in connection with

          Gopalpur P.S. Case No. 115 of 2026 and subject to the following

          conditions:-

                              (i) Both the bailors shall be blood relatives of the
                      petitioner.
                              (ii) The petitioner after being released on bail, is
                      directed to mark his attendance at Surajkund Police
                      Station, District- Faridabad (Harayana) on first and third
                      Sunday of the month. Any default in appearance at the
                      Police Station will result in cancellation of bail bonds of
                      the petitioner.


                       9. Let a copy of this order be communicated through
              Patna High Court CR. MISC. No.39756 of 2026(2) dt.22-06-2026
                                                          3/3




                        FAX or e-mail to the Police Commissioner, Faridabad,

                        Harayana.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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