Patna High Court

Md. Jawed @ Md. JawirversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

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

Summary

The petitioner, Md. Jawed, was arrested on 3 December 2025 after 145 litres of liquor were recovered from an e‑rickshaw he owned, and was charged under Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act. He contended that he had no conscious possession of the liquor, that the arrest was based merely on suspicion, and that no incriminating material linked him to the contraband; he also argued that the police failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, maintaining the seriousness of the offences. The Court, after considering the petitioner’s lack of prior criminal record, the duration of his pre‑trial custody, and the alleged procedural lapses, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused in offences under the Bihar Prohibition and Excise Act when the arrest is based on suspicion and no incriminating material is found.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise act
liquor seizure
e‑rickshaw
suspicion arrest
Section 103
pre‑trial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8108 of 2026
                  Arising Out of PS. Case No.-1142 Year-2025 Thana- KATIHAR NAGAR District- Katihar
                 ======================================================
                 Md. Jawed @ Md. Jawir Son of Late Md. Ayub R/o Sharifganj, Ward. no. 42,
                 P.S.- Sahayak, Distt. - Katihar Sahayak, Dist. - Katihar.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, 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 Nagar

                   Katihar P.S. Case No. 1142 of 2025, instituted for the offences

                   punishable under Sections 30(a), 41 and 47 of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 145 liters

                   liquor was recovered from E-rickshaw 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 recovered from
Patna High Court CR. MISC. No.8108 of 2026(2) dt.10-02-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is driver and

          owner of the E-rickshaw. It is further submitted that the

          petitioner has been arrested only on the basis of suspicion. The

          petitioner is in custody since 03.12.2025 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 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 Katihar P.S. Case No. 1142 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
             Patna High Court CR. MISC. No.8108 of 2026(2) dt.10-02-2026
                                                         3/3




                       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)
Rajorshi/-

U       T

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