Patna High Court
Md. FakiraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Md. Fakira, sought bail in a case (Runnisaidpur PS Case No. 397 of 2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 1035.78 litres of liquor were seized from vehicles. The petitioner claimed innocence, stating no incriminating material was found in his possession and that his name was only mentioned by a co‑accused; he also had no prior criminal record. The State opposed bail, but the court noted the petitioner’s clean antecedent, lack of direct involvement with the seized liquor, and the fact that a co‑accused had already been granted bail. Considering these circumstances, the court decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- innocence
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8500 of 2026
Arising Out of PS. Case No.-397 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Md. Fakira Son of Late Nathuni Mansoori @ late Md. Nathuni Village-
Kharka PS -Runnisaidpur District -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhusudan Rai, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Runnisaidpur PS Case No. 397 of 2025 instituted for the
offences under Section/s 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 1035.780
liters liquor was recovered from one Bolero and two
motorcycles.
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.8500 of 2026(2) dt.04-02-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that name of the petitioner is disclosed by apprehended co-
accused person. Petitioner has no concern with any of the seized
vehicles. The petitioner is in custody since 03.01.2026 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023. Other co-accused has been granted bail
by this Court vide order dated 27.11.2025, passed in Cr. Misc.
No. 81853 of 2025.
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 Runnisaidpur PS
Case No. 397 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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