Patna High Court
Md. NaimversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to a bond of Rs.15,000 with two sureties and compliance with the stipulated conditions.
Summary
The petitioner, Md. Naim, a driver, was arrested in connection with a case where 1080 litres of liquor were seized from a pick‑up vehicle, alleged to be a violation of Sections 30(a), 32 and 41(1)(2) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no knowledge of the contraband, was not the owner of the vehicle, and that no incriminating article was found in his possession. The State opposed bail, while the petitioner highlighted his lack of criminal antecedent and the non‑application of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the circumstances and the period of custody, decided to grant bail, subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular court appearances. The bail order was issued pending framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the driver accused under the Bihar Prohibition and Excise Act despite the seizure of a large quantity of liquor.
- Whether the petitioner’s lack of possession, ownership, and knowledge of the contraband negates the necessity for continued detention.
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with in the arrest.
Legislation cited
Subjects
- bail
- prohibition and excise
- driver liability
- possession
- false implication
- Section 103
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5252 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- BARAUNI District- Begusarai
======================================================
Md. Naim Son of Hasim Resident of Village - Gannipur Manpur, Police
Station - Baligaon, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, 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 Barauni
P.S. Case No. 193/2025 instituted for the offences punishable
under Sections 30(a), 32, 41(1)(2) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 1080
litres of liquor was recovered from pick-up vehicle.
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 the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 19.12.2025 and has
Patna High Court CR. MISC. No.5252 of 2026(2) dt.29-01-2026
2/2
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 Barauni P.S. Case
No. 193/2025, 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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