Patna High Court
Md. Saiyub @ SaiyyubversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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
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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
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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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