Patna High Court

Daud NabiversusThe 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 conditions.

Summary

The petitioner, Daud Nabi, a driver, was arrested in connection with the seizure of 8,770.410 litres of liquor under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no possession of the liquor, was not the vehicle owner, and lacked knowledge of the goods, also noting the absence of any incriminating article on his person and his clean criminal record. The State opposed bail, while the petitioner highlighted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and non‑tampering. The order directs release after framing of charge, if not already done, and sets conditions for cancellation of bail upon default.

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 claim of lack of knowledge and non‑ownership of the vehicle warrants bail
Effect of non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 on bail eligibility

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
prohibition
driver
non‑ownership
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77691 of 2025
                     Arising Out of PS. Case No.-566 Year-2025 Thana- Excise P.S. District- Gopalganj
                 ======================================================
                 Daud Nabi Son of Aayub Nabi Resident of village - Mayjhampur, Police
                 Station - Baildanga, District - Murshidabad, State - West Bengal.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anish Kumar, Advocate
                 For the Opposite Party/s :        Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Gopalganj Excise P.S. Case No. 566 of 2025 instituted for the

                   offences punishable under Sections 30(a), 32 of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 8770.410

                   litres of liquor was recovered from truck.

                               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
Patna High Court CR. MISC. No.77691 of 2025(4) dt.19-01-2026
                                             2/3




          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 09.09.2025 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 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, 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 Gopalganj Excise

          P.S. Case No. 566 of 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.
           Patna High Court CR. MISC. No.77691 of 2025(4) dt.19-01-2026
                                                       3/3




                                  (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

Continue reading with your account

Checking your session…