Patna High Court
Md. FirojversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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