Patna High Court
Md. MuzzafarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, in view of the lack of incriminating evidence against the petitioners and their clean antecedent, bail should be granted subject to statutory conditions.
Summary
The petitioners, Md. Muzzafar (driver) and Anjali Devi (passenger), were arrested in Purnea on suspicion of transporting illicit liquor, alleged under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The prosecution claimed that a vehicle they were in contained 68.880 litres of illicit liquor and 6 litres of beer, but the petitioners asserted they had no knowledge of the contraband and were merely hired to drive and ride in the vehicle. They highlighted their clean antecedent and the absence of any incriminating material directly linked to them. The State opposed bail, while the petitioners sought release. Considering the lack of direct evidence, the petitioners' clean record, and the circumstances of the recovery, the court ordered bail on a bond of Rs.10,000 with two sureties each, subject to conditions under Section 480(3) of the BNSS and additional safeguards. The order directed the petitioners to appear as required and stipulated cancellation of bail upon non‑compliance.
Issues considered
- Whether the petitioners are entitled to bail despite the recovery of illicit liquor from the vehicle they were traveling in.
- Whether the evidence on record justifies continued detention of the petitioners.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
- BNSS — s. 480(3)
Subjects
- bail
- illicit liquor
- excise
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 47
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42152 of 2026
Arising Out of PS. Case No.-308 Year-2026 Thana- Excise P.S. District- Purnia
======================================================
1. Md. Muzzafar, S/O Md. Rabbani, R/O Village- Churamba, Ward No. 9, P.S-
Basudevepur, Distt.- Munger.
2. Anjali Devi W/O Rajesh Paswan R/O Village- Ghorgat Belwa, Ward No. 8,
P.S- Ranipatra, Distt.- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gautam, Advocate
For the Opposite Party/s : Mr.Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. In the present case, the petitioners seek bail in
connection with Purnea Excise P.S. Case No.308/2026,
registered for the offence under Section 30 (a) and 47 of Bihar
Prohibition and Excise Act.
3. As per prosecution case, police received secret
information about the transportation of illicit liquor on a car.
Checking of vehicles was started on Check-Post and from the
car being driven by the petitioner no.1 in which the petitioner
no.2 has been sitting was intercepted and from search of the
vehicle, recovery of 68.880 liters of illicit liquor and 6 liters of
Patna High Court CR. MISC. No.42152 of 2026(2) dt.01-07-2026
2/3
beer was made.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioners. The petitioner no.1 is
merely a driver of the vehicle and the petitioner no. 2 was a
passenger. The owner of the vehicle hired the petitioner no.1 to
hand over the vehicle to his relative in early morning, but the
petitioners have no knowledge that the illicit liquor was kept in
the car. The petitioner no. 2 took lift in the said car and was
apprehended with false allegation. The petitioners are in custody
since 19.05.2026 and is having clean antecedent.
5. Learned A.P.P. vehemently opposes the submission
made on behalf of the petitioners.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of recovery, period of custody of the petitioners and their
clean antecedent, the petitioners are directed to be released on
bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Judge, Excise-1,
Purnea/ concerned court, in connection with Purnea Excise P.S.
Patna High Court CR. MISC. No.42152 of 2026(2) dt.01-07-2026
3/3
Case No.308/2026, subject to the conditions mentioned in
Section 480 (3) of BNSS and also the following conditions :
(i) One of the bailors will be a close
relative of the petitioners.
(ii) The petitioners will remain present on
each and every date fixed by the below, if
so required by the learned trial court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioners will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.