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Patna High Court

Md. Naajir @ Md. NaajimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Md. Naajir, applied for bail in a case (Pachpakadi PS Case No. 183/2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possession of 51.45 litres of illicit foreign liquor, of which 16.8 litres were recovered from a motorcycle on which the petitioner was found. The prosecution contended that the liquor was recovered from the vehicle associated with the petitioner, while the petitioner’s counsel argued that he was falsely implicated, no incriminating article was found in his possession, he has no criminal antecedent, and there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. After considering the facts, the period of custody since 25‑11‑2025, and the lack of direct evidence linking the petitioner to the liquor, the Court inclined to grant bail. The Court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner is directly implicated in the possession of illicit liquor recovered from the motorcycle.
  • Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4814 of 2026
                   Arising Out of PS. Case No.-183 Year-2025 Thana- Pachpakdi District- East Champaran
                 ======================================================
                 Md. Naajir @ Md. Naajim S/o- Md. Muslim Village- Sugia, Ps- Sheohar,
                 District- Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Pachpakadi P.S. Case No. 183/2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 51.45

                   litres of illicit foreign liquor has been recovered out of which

                   16.800 litres of liquor was recovered from motorcycle on which

                   petitioner was found.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious
             Patna High Court CR. MISC. No.4814 of 2026(2) dt.28-01-2026
                                                         2/2




                       possession of the petitioner. Learned counsel further submitted

                       that petitioner is in no manner connected with the vehicle in

                       question or with the alleged recovery of liquor. The petitioner is

                       in custody since 25.11.2025 and has no criminal antecedent.

                       There is no compliance of Section 103 of the Bharatiya

                       Nagarika Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                       the case as also the period of custody undergone by the

                       petitioner, this Court is inclined to grant bail to the petitioner.

                                    7. Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Pachpakadi P.S. Case

                       No. 183/2025 .



                                             (Rudra Prakash Mishra, J)
atul/-

U        T


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