Patna High Court
Md. NazirversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
The petitioner, Md Nazir, was arrested in connection with a case involving the seizure of 360 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no liquor was found in his possession, and that he has a clean antecedent, having been in custody since 25‑11‑2025. The petitioner offered to deposit Rs 2,500 with the Advocate Association and to furnish a bail bond of Rs 10,000 with two sureties. The State opposed bail. The Court, after considering the facts, granted bail subject to conditions regarding sureties, personal appearance, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
- Whether the petitioner’s claim of false implication and lack of incriminating material in his possession warrants release on bail
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- false implication
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89836 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Md. Nazir S/o Md. Akbar Resident of village- Aura, PS- Madhwapur, Dist-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
Ms. Archana Anand, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Madhwapur P.S. Case No. 164 of 2025
arising out of G.R. Case No. 1602 of 2025 registered for the
offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, the police is stated
to have recovered 360 litres of illicit liquor from four
motorcycles and one bicycle and two persons including the
petitioner were apprehended at the spot.
4. The learned counsel for the petitioner submits
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that the petitioner has been falsely implicated in the present
case and has no concern whatsoever with the seized liquor.
It is further submitted that no incriminating article was
recovered from the conscious possession of the petitioner.
The learned counsel lastly submits that the petitioner has
clean antecedent and he is in custody since 25.11.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- with the Advocate Association,
Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction
of the learned court below where the case is
pending/successor court in connection Madhwapur P.S.
Case No. 164 of 2025 arising out of G.R. Case No. 1602 of
2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
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(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna
High Court.
9. Accordingly, the prayer for bail is allowed.
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10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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