Patna High Court

Mansur HussainversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and conditions, after considering his clean antecedent and the circumstances of the case.

Summary

The petitioner, Mansur Hussain, was arrested in connection with a case alleging possession of 168 litres of illicit liquor in a bus, violating Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was merely the driver and had no knowledge of the liquor, and highlighted his clean criminal record and lack of incriminating material in his possession. The State opposed bail, while the petitioner argued that Section 103 of the BNSS, 2023 had not been complied with. The court, considering the petitioner’s clean antecedent, short period of custody, and the circumstances, decided to grant bail subject to a bond of Rs.15,000 with two sureties and conditions of regular court appearance. The bail order was conditioned on one surety being a close family member and allowed cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act considering the facts of the case
Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the grant of bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
prohibition law
excise
illicit liquor
clean antecedent
surety
court appearance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4209 of 2026
                   Arising Out of PS. Case No.-1669 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Mansur Hussain Son of Mehandi Hussain R/o Village - Silli Patratu, P.S. -
                 Silli, Dist. - Ranchi, Jharkhand.


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Ahiyapur PS Case No. 1669 of 2025 instituted for the offences

                   under Section/s 30(a) & 41 of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that 168 liters

                   liquor was recovered from Bus.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.4209 of 2026(2) dt.27-01-2026
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          no concern with the alleged recovery of liquor. It is submitted

          that name of the petitioner has surfaced in this case as being

          driver of the vehicle in question and he was oblivious of the fact

          that illicit liquor was laden in the vehicle. The petitioner is in

          custody since 04.12.2025 and has got no criminal antecedent/s.

          There is no compliance of Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case, clean antecedent of the petitioner and the period of

          custody undergone by the petitioner, this Court is inclined to

          grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Ahiyapur PS Case No. 1669 of 2025, subject

          to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.4209 of 2026(2) dt.27-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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