Patna High Court
Md. Aftab Hussain @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Aftab Hussain, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 300 litres of illicit liquor. He claimed he was merely the owner of the vehicle and had no knowledge of the liquor, asserting that no incriminating material was found in his possession and that he has no prior criminal record. The State opposed bail, but the court noted the petitioner’s clean antecedent, the short period of custody since 22‑12‑2025, and the lack of compliance with Section 103 of the BNSS, 2023. Considering these factors, the court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts and clean antecedent.
- Whether the requirements of Section 103 of the BNSS, 2023, for bail are satisfied.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30
- illicit liquor
- clean antecedent
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7253 of 2026
Arising Out of PS. Case No.-42 Year-2024 Thana- Geedha District- Bhojpur
======================================================
Md. Aftab Hussain @ Raja S/o Md. Aslam R/o Village - Abarapul, Nichali
Gali, P.S - Ara Town, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Geedha PS Case No. 42 of 2024 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 300 liters
liquor was recovered from Auto.
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 recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.7253 of 2026(2) dt.10-02-2026
2/2
owner of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 22.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 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 of the petitioner 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 Geedha PS Case No.
42 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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