Patna High Court

Imran KhanversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioners subject to a bond and conditions.

Summary

The petitioners, Imran Khan and Azad Khan, were arrested in Buxar for alleged possession of 3078.42 litres of foreign liquor, charged under several sections of the Bharatiya Nyaya Sanhita. They contended that no incriminating material was found on them, that they were merely the driver and co‑pilot, and that the police had acted arbitrarily, noting a clean criminal record and a lack of compliance with Section 103 of the BNSS. The State opposed bail. Considering the prolonged custody since 11 October 2025, the absence of direct evidence, and the petitioners’ antecedents, the Court decided to grant bail. The bail order required a bond of Rs 15,000 with two sureties, one of whom must be a close family member, and mandated appearance at every trial date, with cancellation possible after two consecutive defaults. The petition was thus disposed with bail granted subject to conditions.

Issues considered

Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita given the nature of the offences and the circumstances of arrest
Whether the prosecution has complied with the requirements of Section 103 of the BNSS for bail denial

Legislation cited

Bharatiya Nyaya Sanhita — s. 103, 318(4), 336(2), 336(3), 338, 339, 340(2), 341(1), 3(5)

Subjects

bail
foreign liquor seizure
Bharatiya Nyaya Sanhita
police misconduct
custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90095 of 2025
                        Arising Out of PS. Case No.-555 Year-2025 Thana- BUXAR District- Buxar
                 ======================================================
           1.     Imran Khan S/O Late Rashid Khan @ Sher Mohammad R/O Sector 56,
                  Faridabad, P.S- Old Faridabad, Distt.- Faridabad (Haryana) presently R/O
                  Nevil Road, Katra Purdol Khan, Etawah, P.S- Kotwari, Distt.- Etawah (Uttar
                  Pradesh).
           2.    Azad Khan S/O Habbu Khan @ Habbo R/O Sec 17, House No. 29, Kishan
                 Majdoor Colony, P.S- Old Faridabad, Distt.- Faridabad (Haryana).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                           2. The petitioners seek bail in connection with Buxar

                   Town PS Case No. 555 of 2025 instituted for the offences under

                   Sections 318(4), 336(2), 336(3), 338, 339, 340(2), 341(1), 3(5)

                   of the Bharatiya Nyaya Sanhita.

                           3. The prosecution case, in short, is that 3078.42 liters of

                   foreign liquor was recovered from the container and both the

                   petitioners were arrested on the spot.

                           4. Learned counsel for the petitioners submit that the

                   petitioners are innocent and have falsely been implicated in the
Patna High Court CR. MISC. No.90095 of 2025(2) dt.19-01-2026
                                            2/3




          present case. No incriminating material has been recovered from

          the conscious possession of the petitioners. The petitioners have

          got no concern with the alleged recovery of liquor. Learned

          counsel for the petitioners submit that the petitioners are the

          driver and co-pilot of the vehicle in question and have been

          implicated in this case due to high handedness of the police. The

          petitioners are in custody since 11.10.2025 and have got clean

          criminal antecedent. There is no compliance of Section 103 of

          the BNSS, 2023.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioners.

                  6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioners,

          this Court is inclined to grant bail to the petitioners.

                  7. Let the petitioners 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 Buxar Town PS

          Case No. 555 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioners.

                  (II) The petitioners shall appear on each and every date
           Patna High Court CR. MISC. No.90095 of 2025(2) dt.19-01-2026
                                                       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 petitioners.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

Continue reading with your account

Checking your session…