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Patna High Court

Md. MuzzafarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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