Patna High Court
Tabarak @ Tabarak HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the case against the petitioner rests only on suspicion and a co‑accused’s confession, with no direct evidence linking him to the seized liquor.
Summary
Tabarak Hussain was arrested in connection with the seizure of 926.85 litres of foreign liquor, alleged to violate Sections 30(a), 41 and 47 of the Bihar Prohibition & Excise Act. He contended that he was not present at the scene and was implicated only on the basis of suspicion and a co‑accused’s confessional statement, with no material recovered from his possession. The State opposed bail, noting two other pending cases against him. The High Court examined the lack of direct evidence linking the petitioner to the offence and the reliance on a co‑accused’s statement. It concluded that the circumstances did not justify continued detention and ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Judge (Excise)‑I, Purnea.
Issues considered
- Whether bail should be granted when the accusation is based solely on suspicion and a co‑accused’s confessional statement without any material recovered from the petitioner
- Whether the existence of other pending cases affects the grant of bail in the present matter
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a), 41, 47
Subjects
- bail
- prohibition act
- excise
- foreign liquor seizure
- suspicion
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39979 of 2026
Arising Out of PS. Case No.-102 Year-2026 Thana- BAISI District- Purnia
======================================================
Tabarak @ Tabarak Hussain S/O Tafejul Haque R/O Village- Sripur,
Dangraha, P.S.- Baisi, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohammad Tahmeed Helal, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard Mr. Mohammad Tahmeed Helal, learned
counsel for the petitioner and Mr. Bishweshwar Ram, learned APP
for the State.
2. Petitioner seeks bail, who is in custody since
06.05.2026, in connection with Baisi P.S. Case No. 102 of 2026,
F.I.R. dated 18.03.2026 registered for the offences punishable
under Sections 30(a), 41 and 47 of the Bihar Prohibition & Excise
Act.
3. Recovery is of 926.85 litres of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R. as
well as seizure list that recovery has been made from the vehicle in
question and petitioner was not present at the place of occurrence
Patna High Court CR. MISC. No.39979 of 2026(2) dt.29-06-2026
2/3
and he was not arrested at the time of incident and he has been
made accused in the present case on the basis of suspicion and
confessional statement of co-accused person, namely, Guru
Shankar Sharma and except the aforesaid nothing cogent material
has come during investigation to suggest the involvement of the
petitioner in the present occurrence. The petitioner is in custody
since 06.05.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries two more cases other than
the present one but fairly submits on the basis of paragraph-3 of
the bail petition that the petitioner is on bail in one case and
another case has been disposed of on the basis of amicable
settlement.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and he has been made accused merely
on the basis of suspicion and confessional statement of co-accused
persons, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Special Judge (Excise)-I, Purnea in connection with Baisi P.S.
Case No. 102 of 2026, subject to the following conditions :-
Patna High Court CR. MISC. No.39979 of 2026(2) dt.29-06-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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