Patna High Court
Md. AsifversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Given the petitioner’s clean antecedent, the recovery not being from his conscious possession, and the police’s failure to comply with statutory seizure provisions, bail was granted subject to prescribed conditions.
Summary
The petitioner, Md Asif, was arrested on 16‑04‑2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 52.200 litres of Nepali Umanga liquor recovered from an e‑rickshaw. He pleaded that he has a clean antecedent and that the liquor was not found in his conscious possession, contending that the seizure was effected by police without complying with the procedural requirements of Sections 103 and 105 of the Bihar Narcotic and Smuggling Act. The State opposed bail. The Court, noting the petitioner’s clean record, the lack of direct possession, and the procedural lapse in the seizure, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Exclusive Special Judge (Excise)‑II, Araria.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic and Smuggling Act affects the grant of bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 103, 105
- Bihar Prohibition and Excise Act, 2016 — s. 30
Subjects
- bail
- Bihar Prohibition and Excise Act
- seizure procedure
- clean antecedent
- e‑rickshaw
- liquor smuggling
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43973 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- KUWARI District- Araria
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Md. Asif Son of Md. Tabrej Resident of Village- Lalokhar (Lailokhar)
Garaiya, Ward No. 12, P.S.- Kuwari, District- Araria (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Jha, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-07-2026 Heard Mr. Madhav Jha, learned counsel for the
petitioner and Mr. Lakshmi Kant Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.04.2026 in connection with Kuwari P.S. Case No. 28 of
2026, F.I.R. dated 15.04.2026 for the offences punishable under
Sections 30(a) of the Bihar Prohibition and Excise Act 2016.
3. Recovery is of 52.200 litres of Nepali Umanga
country made liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.43973 of 2026(2) dt.07-07-2026
2/3
Altogether 52.200 litres of Nepali Umanga country made liquor
was recovered from the E-Rickshaw in question. It appear from
the F.I.R. and seizure list that seizure list witnesses are police
personnel so there is non compliance of Section 103/105 of the
BNSS. The petitioner is in custody since 16.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, the recovery has been
made from E-Rickshaw in question and there is non compliance
of Section 103/105 of the BNSS, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge
(Excise)-II, Araria. in connection with Kuwari P.S. Case No. 28
of 2026 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.43973 of 2026(2) dt.07-07-2026
3/3
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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