Patna High Court
Md Nausad @ Md NaushadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioners subject to specified conditions.
Summary
The petitioners, Md. Naushad and Chandan Kumar, were arrested during a police patrol when a car they were traveling in was found to contain 300.48 litres of foreign liquor, alleged to be a violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. They claimed to be merely the driver and co‑driver, unaware of the contraband and not owners of the vehicle, asserting that they were falsely implicated and have clean antecedents. The State opposed bail, while the petitioners offered to deposit a bail amount and provided sureties as required. Justice Sourendra Pandey considered the facts, the nature of the offence, and the petitioners' willingness to comply with bail conditions. The court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions such as presence in court, verification of antecedents, and possible cancellation for future similar offences.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act
- Whether the accused are likely to abscond or tamper with evidence
- Whether the conditions imposed are sufficient to ensure compliance with the trial process
Subjects
- bail
- excise
- prohibition
- foreign liquor
- Section 30(a)
- Section 32(3)
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89877 of 2025
Arising Out of PS. Case No.-918 Year-2025 Thana- Excise P.S. District- Kishanganj
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1. Md Nausad @ Md Naushad S/O Md Abul Hasan R/O Vill.- RampurLahi,
Ward no. - 4,P.S- Shankarpur, District- Madhepura
2. Chandan Kumar S/O Surendra Yadav R/O Vill.- SahugarhHulastola,P.S-
Madhepura,District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. Petitioners, who are in custody, seeks bail in
connection with Madya Nisedh P.S. Case No. 918 of 2025,
Special Case No. 935 of 2025registered for the offence(s)
punishable under Section(s) 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, during patrolling,
the police intercepted a car and apprehended two persons
who disclosed their names as Md. Naushad and Chandan
Kumar (the petitioners). Upon search, a total of 300.480
Patna High Court CR. MISC. No.89877 of 2025(2) dt.08-01-2026
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litres of foreign liquor was recovered from the said car.
4. The learned counsel for the petitioners submits
that petitioner no. 1 was the driver of the car and petitioner
no. 2 was the co-driver and that both were unaware of the
alleged consignment kept in the vehicle. It is further
submitted that neither of the petitioners is the owner of the
car and that they have been falsely implicated in the present
case by the police. The learned counsel lastly submits that
the petitioners have clean antecedent and they are in
custody since 13.11.2025.
5. The petitioners are willing and undertakes to
deposit a sum of Rs. 2,500/- each in the account of
Lawyers’ Association Welfare Benevolent Fund, bearing
Account No. 7801893276, IFSC Code: IDIB000L501,
Indian Bank, LNMI Branch, Bailey Road, Patna.
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 petitioners, 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
Patna High Court CR. MISC. No.89877 of 2025(2) dt.08-01-2026
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of the learned court below where the case is
pending/successor court in connection Madya Nisedh P.S.
Case No. 918 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative and the other shall be the local resident.
(ii) The petitioners 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
petitioners will be liable to be cancelled by the court
concerned.
(iv) If the petitioners are 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 petitioners and in case at any
stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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
Patna High Court CR. MISC. No.89877 of 2025(2) dt.08-01-2026
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verification.
8. The bail bond of the petitioners shall be
accepted by the learned Trial Court on showing receipt of
deposit of aforesaid amount with the Lawyers’ Association
Welfare Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
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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