Patna High Court
Md. Tonu @ Dilfroz @ Md TunuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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