Patna High Court
NASHIM KHANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to conditions.
Summary
The petitioner, Nashim Khan, was arrested in connection with an excise case where 246 litres of liquor were seized from a vehicle. He contended that he was neither the driver nor the owner and that no incriminating material was found in his possession, asserting his innocence despite having five prior criminal cases. The prosecution opposed bail, citing the seriousness of the offence, the petitioner’s antecedents, and non‑compliance with Section 103 of the BNSS, 2023. The court noted that a co‑accused had already been released on bail and, after considering the period of custody and lack of direct evidence, 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 petitioner under the Bihar Prohibition and Excise Act in view of the facts and his criminal antecedents
- Whether the non‑compliance with Section 103 of the BNSS, 2023 precludes grant of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- Bihar Prohibition and Excise Act
- criminal antecedents
- Section 103 BNSS 2023
- surety
- trial appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90607 of 2025
Arising Out of PS. Case No.-966 Year-2025 Thana- Excise P.S. District- Gaya
======================================================
Nashim Khan Son of Nashrudh Khan @ Nasruddin Khan Resident of Village
- Karmauni, Police Station - Dobhi in the district of Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
PS Sadar Case No. 966 of 2025 instituted for the offences under
Section/s 30(a) & 32(3) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 246 liters
liquor was recovered from car.
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.90607 of 2025(2) dt.19-01-2026
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no concern with the alleged recovery of liquor. It is submitted
that petitioner is neither the driver nor the owner of the vehicle
in question. The petitioner is in custody since 24.10.2025 and
has got five 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 10-11-2025, passed
in Cr. Misc. No. 76274 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 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/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Excise PS Sadar Case No. 966 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
fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.90607 of 2025(2) dt.19-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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