Patna High Court

Md. AfrozversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

Bail is granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Md. Afroz, was arrested in Patna on suspicion of possessing 250 litres of liquor recovered from a vehicle, alleged to be a violation of Sections 30(a), 41(1) and 56(b) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he neither owned the vehicle nor had any criminal antecedent, and argued that no incriminating material was found in his conscious possession. The State opposed bail, but the court noted the petitioner’s clean record, the short period of custody since 22‑11‑2025, and the lack of compliance with Section 103 of the B.N.S.S., 2023. Considering these factors, the court decided to grant bail. The order required a bail bond of Rs.15,000 with two sureties, one of whom must be a close family member, and mandated the petitioner’s appearance at every trial date, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged offences under Sections 30(a), 41(1) and 56(b).
Whether the lack of incriminating material in the accused’s possession and his clean antecedent justify bail.

Legislation cited

B.N.S.S., 2023 — s. 103

Subjects

bail
excise
prohibition act
criminal procedure
surety
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.688 of 2026
                       Arising Out of PS. Case No.-3460 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Md. Afroz S/o Md. Ayub R/o village - Khalpura, F.C.I Godown, P.S -
                 Phulwarisharif, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Aryan Singh, Advocate
                 For the Opposite Party/s :         Mrs.Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                               2. The petitioner seeks bail in Excise Patna P.S.

                   case No. 3460 of 2025 instituted for the offences under

                   Sections 30(a), 41(1) and 56(b) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that 250 liters

                   liquor was recovered from tampoo and the petitioner was

                   arrested on spot.

                               4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in

                   the present case.             No incriminating material has been
Patna High Court CR. MISC. No.688 of 2026(2) dt.19-01-2026
                                            2/3




          recovered from the conscious possession of the petitioner.

          The petitioner has got no concern with the alleged recovery

          of liquor. It is further submitted that the petitioner is not the

          owner of the vehicle in question.                    The petitioner is in

          custody since 22.11.2025 and has got no criminal

          antecedent. There is no compliance of Section 103 of

          B.N.S.S., 2023.

                      5. Learned A.P.P. 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, clean antecedent and 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/- (Fifteen thousand) with

          two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Excise

          Patna P.S. case No. 3460 of 2025, subject to the following

          conditions:

                       (I) One of the bailors shall be own/close member

          of the family of the petitioner.
           Patna High Court CR. MISC. No.688 of 2026(2) dt.19-01-2026
                                                       3/3




                                  (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)
Pankaj/-

U      T

Continue reading with your account

Checking your session…