Patna High Court
Md. SerajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances (BNSS) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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(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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