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Patna High Court

Md. SerajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions.

Summary

Md. Seraj was arrested on 3 March 2026 in connection with a case involving the seizure of 202.11 litres of foreign liquor, of which 129 litres were recovered from an auto he was driving. He is charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he is merely a driver, not the owner of the vehicle, has no knowledge of the illicit liquor, and possesses a clean criminal record. The State opposed bail, citing the seriousness of the offence. The Court, noting the petitioner’s clean antecedent and lack of ownership, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of antecedents.

Issues considered

  • Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act for possession of foreign liquor.
  • Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, affects the bail application.
  • Whether the petitioner’s status as a driver with no ownership or knowledge of the liquor and his clean antecedent justify bail.

Legislation cited

Subjects

  • bail
  • foreign liquor
  • prohibition law
  • Section 30(a)
  • clean antecedent
  • procedural compliance
  • excise
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40352 of 2026
                        Arising Out of PS. Case No.-74 Year-2026 Thana- SALIMPUR District- Patna
                 ======================================================
                 Md. Seraj S/O Md. Lallu Resident of Village- Naya Tola, Madhopur, P.S.-
                 Bakhtiyarpur, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saurav Anand, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-06-2026                  Heard Mr.Saurav Anand,                learned counsel for the

                   petitioner and Mr.Sanjay Kumar Tiwary, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   03.03.2026 in connection with Salimpur P.S. Case No. 74 of

                   2026, F.I.R. dated 01.03.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                3. Recovery is of 202.11 liters of foreign liquor.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner has clean antecedent. It appears from

                   the FIR that altogether 202.11 liters of foreign liquor was

                   recovered from three different places and 129 liters of illicit

                   liquor has been recovered from the Auto in question and
Patna High Court CR. MISC. No.40352 of 2026(2) dt.25-06-2026
                                            2/3




          petitioner was apprehended alongwith the illicit liquor. Learned

          counsel for the petitioner submits that the petitioner is not the

          owner of the Auto in question and petitioner is driver of the

          Auto in question and he has no knowledge about the illicit

          liquor and the seizure list witnesses are police personnel so there

          is non-compliance of Sections 103 and 105 of BNSS, 2023 and

          the police, after investigation, submitted chargesheet against the

          petitioner and the petitioner is in custody since 03.03.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       6. Considering the aforesaid fact, petitioner has clean

          antecedent, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Exclusive Special Judge, Excise, Barh at Patna in connection

          with Salimpur P.S. Case No. 74 of 2026,with the following

          conditions:-

                       (I) 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/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.40352 of 2026(2) dt.25-06-2026
                                                           3/3




                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) 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 antecedent, 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)
Nitesh/-

U          T


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