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Patna High Court

Md. Tonu @ Dilfroz @ Md TunuversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to regular bail.

Summary

The petitioner was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act after 255 litres of Nepali liquor were seized from two motorcycles. The petitioner contended that he was neither the owner nor the rider of the bikes, that no liquor was recovered from his conscious possession, and that he had no prior criminal record, having been in judicial custody since 19‑12‑2025. The State opposed the grant of regular bail. Considering the lack of ownership, absence of possession, and the petitioner's clean antecedent, the Court decided to enlarge the petitioner on regular bail, directing release upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the petitioner’s lack of ownership, possession, and clean criminal record justify granting bail.

Subjects

  • regular bail
  • prohibition and excise
  • illegal liquor
  • Section 30(a)
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16032 of 2026
                          Arising Out of PS. Case No.-217 Year-2025 Thana- SIKTI District- Araria
                 ======================================================
                 Md. Tonu @ Dilfroz @ Md Tunu S/O Md. Soma @ Soma R/O VIll.- Kalu
                 Chawak Pararia, Ward no. 11, P.S.- Sikty, Dist.- Araria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Anamul Haque, Advocate
                 For the Opposite Party/s :         Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act.

                                3.    The case of the prosecution, in short, is that from

                   two bikes altogether 255 liters of Nepali country made liquor was

                   recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is neither the owner nor the rider of the bike and it is not

                   clear from the seizure list as to how much liquor was recovered

                   from this bike. Learned counsel for the petitioner has further

                   submitted that nothing has been recovered from the conscious

                   possession of this petitioner. Learned counsel for the petitioner has
            Patna High Court CR. MISC. No.16032 of 2026(2) dt.13-03-2026
                                                        2/2




                      further submitted that the petitioner is having no criminal

                      antecedent and he is in judicial custody since 19.12.2025.

                                    5. Learned APP appearing for the State has opposed the

                      prayer of regular bail.

                                    6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Sikty P.S. Case No. 217 of 2025 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned District and

                      Additional Sessions Judge-cum-Exclusive Special Judge, Excise-

                      II, Araria.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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