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Patna High Court

Md. Saiyub @ SaiyyubversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the absence of recovered liquor from his possession and the circumstances warranted release on bail.

Summary

The petitioner, Md. Saiyub, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly loading illicit liquor onto an E‑rickshaw. The co‑accused testified that the petitioner was the one who loaded the liquor, but the petitioner claimed he had no conscious possession of the seized liquor and that nothing was recovered from him. He further asserted that he was falsely implicated and highlighted that he had been in custody since 16‑04‑2026. The court noted the absence of any material showing the petitioner’s possession of the contraband and considered the length of his custody. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal surety requirements.

Issues considered

  • What is the appropriate bail disposition for an accused under Section 30(a) of the Bihar Prohibition and Excise Act when no contraband is found in his possession?
  • Whether the period of custody and lack of conscious possession justify granting bail?

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • possession
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42002 of 2026
                        Arising Out of PS. Case No.-28 Year-2026 Thana- KUWARI District- Araria
                 ======================================================
                 Md. Saiyub @ Saiyyub S/o Late Jahir Alam Resident of Village- Lailokar,
                 Garaiya, Ward No. 02, P.S.- Kuwari, District- Araria

                                                                                   ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mrs.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Kuwari P.S. Case No. 28 of 2026 registered

                   for the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, the police intercepted

                   illicit liquor being transported in an E-rickshaw and co-accused

                   Md. Asif was arrested, who disclosed that the petitioner, who

                   was driving the accompanying motorcycle, was the person who

                   loaded the illicit liquor in his E-rickshaw for transportation.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.42002 of 2026(2) dt.01-07-2026
                                            2/3




          case. Nothing incriminating has been recovered from the person

          or possession of the petitioner as is apparent from the FIR. The

          petitioner has no concern with the seized liquor and the E-

          rickshaw from which the recovery has been made. The

          petitioner is having antecedent of five cases of similar nature

          and he is in custody since 16.04.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from the conscious

          possession of the petitioner and period of custody of the

          petitioner, the petitioner above named is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Exclusive Special Judge Excise-II, Araria/concerned

          Court in connection with Kuwari P.S. Case No. 28 of 2026,

          subject to the conditions mentioned in Section 480(3) of

          B.N.S.S. and also the following conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioner.

                                          (ii) The petitioner will remain present
            Patna High Court CR. MISC. No.42002 of 2026(2) dt.01-07-2026
                                                        3/3




                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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