Patna High Court
MD. Istihak @ MD. IstiyaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
MD Istihak was arrested in connection with a case alleging possession of 389.25 litres of liquor recovered from a vehicle, violating Section 30(a) of the Bihar Prohibition and Excise Act and several sections of the B.N.S. The petitioner claimed he was falsely implicated, had no incriminating article in his possession, no link to the vehicle, no prior criminal record, and that the prosecution failed to comply with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct evidence, the petitioner’s custody duration, and procedural lapses. Consequently, the court granted bail on a bond of Rs. 15,000 with two sureties. The order released the petitioner pending further trial.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged liquor offenses.
- Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the petitioner’s alleged lack of connection to the vehicle and absence of incriminating material in his possession preclude continued detention.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- B.N.S. — s. 318(4), 336(3), 338
Subjects
- bail
- liquor offences
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- procedural compliance
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5296 of 2026
Arising Out of PS. Case No.-905 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
MD. Istihak @ MD. Istiyaque S/O Md. Mustak R/O Village - Badi Khagoul
Jamaldhin Chak, Police station- Khagaoul, District- Patna,Bihar-801105
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, 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
Makhdumpur (Tehta) P.S. Case No. 905/2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act and Sections 338, 336(3) and 318(4) of the
B.N.S.
3. The prosecution case, in short, is that total 389.25
litres of liquor was recovered from car.
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
Patna High Court CR. MISC. No.5296 of 2026(2) dt.29-01-2026
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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 22.11.2025 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 Makhdumpur (Tehta)
P.S. Case No. 905/2025.
(Rudra Prakash Mishra, J)
atul/-
U T
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