Created by Fuzzy Cloud

Patna High Court

Md. NaimversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

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

Sign in to read

Checking your session…

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