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Patna High Court

Md. FirojversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

The petitioner, Md. Firoj, was arrested as a co‑driver of a pick‑up vehicle from which 615.600 litres of liquor were seized, alleged to be in violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he had no ownership of the vehicle, no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the petitioner’s custody period since 26‑11‑2025, and the absence of any material linking him directly to the liquor. Concluding that the petitioner was unlikely to flee or tamper with evidence, the Court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused co‑driver under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
  • Whether the lack of direct possession of the liquor and the petitioner’s clean record justify bail.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • excise
  • liquor seizure
  • co‑driver
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7978 of 2026
                       Arising Out of PS. Case No.-1186 Year-2025 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Md. Firoj S/o Late Md. Muslim R/o Village- Kilaghat Bajitpur, P.S.- Sadar,
                 Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Virendra Kumar
                 For the Opposite Party/s :         Mr. Veena Kumari Jaiswal
                 ======================================================
                 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 JAM

                   P.S. Case No. 1186 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 615.600 liters

                   liquor was recovered from pick-up vehicle and the petitioner

                   was apprehended 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 recovered from

                   the conscious possession of the petitioner. The petitioner has got
             Patna High Court CR. MISC. No.7978 of 2026(2) dt.10-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the petitioner is not the

                       owner of the vehicle in question rather he is co-driver of that

                       vehicle and has got no knowledge with regard to the nature of

                       goods loaded in the vehicle. The petitioner is in custody since

                       26.11.2025 and has got no criminal antecedent. There is no

                       compliance of Section 103 of the Bharatiya Nagarik 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 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 JAM P.S. Case No.

                       1186 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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