Patna High Court
Nasir HussainversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 103, 105
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
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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
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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
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