Patna High Court

Shahjad HussainversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioner.

Summary

Shahjad Hussain, a driver, was arrested after 112.32 litres of liquor were seized from a vehicle and was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for bail, asserting that he had no ownership or knowledge of the contraband, that no incriminating material was found on him, and that he had no prior criminal record, also highlighting non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody since 8 October 2025, and the petitioner’s lack of personal involvement, the Court granted bail subject to conditions. The order required a bail 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 on default.

Issues considered

Whether the petitioner is entitled to bail in the excise offence case under the Bihar Prohibition and Excise Act.
Whether the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise offence
liquor seizure
driver
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91573 of 2025
                        Arising Out of PS. Case No.-253 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Shahjad Hussain Son of Isha Muhammad @ Isha Mohammad Resident of
                 Village - Firojpur @ Firojpur Panchrukhi, P/S- Bheldi, District- Saran .

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :         Mr. Parmanand Prasad, 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 Sadar

                   Excise P.S. Case No. 253 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 112.32 liters

                   liquor was recovered from Car and the petitioner was arrested

                   on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No

                   incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.91573 of 2025(2) dt.19-01-2026
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          possession of the petitioner. The petitioner has got no concern

          with the alleged recovery of liquor. Learned counsel for the

          petitioner also submits that the petitioner is not the owner of the

          car in question rather he is driver of the car and has got no

          knowledge with regard to the nature of goods loaded in the

          vehicle. The petitioner is in custody since 08.10.2025 and has

          got no criminal antecedent. There is no compliance of Section

          103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP 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 on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sadar Excise P.S.

          Case No. 253 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.91573 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)
Rajorshi/-

U       T

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