Created by Fuzzy Cloud

Patna High Court

Nasir HussainversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Nasir Hussain, was arrested on 3 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 67.50 litres of deluxe blended Scotch whisky. He applied for bail, asserting a clean criminal record and claiming that the seized liquor was found in the vehicle, not in his personal possession, and that procedural requirements under Sections 103 and 105 of the BNSS were not complied with. The prosecution opposed the bail. The court noted the petitioner’s clean antecedent, the alleged procedural lapses, and the fact that a co‑accused had already been granted bail in a related matter. Consequently, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether non‑compliance of Sections 103/105 of the BNSS warrants bail.
  • Whether the grant of bail to a co‑accused influences the petitioner's bail application.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • Section 30
  • clean antecedent
  • procedural lapse
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43981 of 2026
                    Arising Out of PS. Case No.-194 Year-2026 Thana- KOTWA District- East Champaran
                 ======================================================
                 Nasir Hussain Son of Anwar Ansari @ Anwar Miyan Resident of Village-
                 Jalwa Toli, Ward No. 3, P.S.- Dumariya Ghat, District- East Champaran,
                 Bihar- 845423

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mohd Rustam Hussain, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                      Heard Mr. Mohd Rustam Hussain, learned counsel

                   for the petitioner and Mr. Arun Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.05.2026 in connection with Kotwa P.S. Case No. 194 of

                   2026, F.I.R. dated 03.05.2026 for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise Act 2016.

                               3. Recovery is of 67.50 litres of Deluxe Blended

                   Scotch Whisky.

                               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
Patna High Court CR. MISC. No.43981 of 2026(2) dt.07-07-2026
                                            2/3




          recovered from the conscious possession of the petitioner rather

          the recovery has been made from Auto 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 co-accused person namely, Shakil Alam has

          been granted bail vide order dated 06.07.2026 passed in Cr.

          Misc. No. 43767 of 2026 by a Co-ordinate bench of this Court.

          The petitioner is in custody since 03.05.2026.

                      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, there is non compliance

          of Section 103/105 of the BNSS and the co-accused person

          namely, Shakil Alam has been granted bail by a co-ordinate

          bench of this Court, 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 Excise Court No. I, East

          Champaran, Motihari, Bihar in connection with Kotwa P.S. Case

          No. 194 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
            Patna High Court CR. MISC. No.43981 of 2026(2) dt.07-07-2026
                                                        3/3




                       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.

                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.