Patna High Court
Md. JabedversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, given the absence of incriminating material in the petitioner’s possession, his clean criminal record, and the procedural lapse under Section 103, bail should be granted subject to conditions.
Summary
The petitioner, Md. Jabed, was arrested in connection with an excise case alleging possession of 259.20 litres of liquor, alleged to be a driver of the vehicle but not the owner. He sought bail, contending that no incriminating article was found in his possession, he had no knowledge of the goods, and he had no prior criminal record. The State opposed bail, citing the offences under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The court considered the petitioner’s custody period, lack of evidence linking him directly to the contraband, and his clean record, and decided to grant bail. Bail was ordered on furnishing a bond of Rs. 15,000 with two sureties, subject to conditions of family surety, regular court appearances, and possible cancellation on default.
Issues considered
- Whether bail should be granted to the accused in an excise case under the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the accused’s claim of being merely a driver without knowledge of the contraband affects the bail decision.
Legislation cited
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
- driver liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5172 of 2026
Arising Out of PS. Case No.-4023 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Md. Jabed S/o Md. Chand R/o Mohalla- R- Block, P.S- Sachiwaly, Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
Mr. Sanoj Kumar, Advocate
Mrs. Sweta Suman, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 4023 of 2025 instituted for the offences
punishable under Section 30(a), 41 and 56(b) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 259.20
litres of liquor was recovered from auto and scooty.
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
possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of auto in question but he
had no knowledge regarding the goods loaded in the vehicle.
Patna High Court CR. MISC. No.5172 of 2026(2) dt.29-01-2026
2/2
The petitioner is in custody since 11.12.2025 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, after framing
of charge, if not already framed, 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 Excise P.S. Case No.
4023 of 2025, subject to the following conditions:-
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
atul/-
U T
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