Patna High Court
Md. Amanullah @ RinkuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Amanullah, sought regular bail in a case under section 30(a) of the Bihar Prohibition and Excise Act after police recovered 540 litres of country-made liquor and 11.625 litres of foreign liquor from his joint house. The petitioner claimed he had no conscious possession of the liquor, was falsely implicated, and that the seizure did not comply with Section 105 of the BNSS. He had been in judicial custody since 1 December 2025 and had no prior criminal record. The State opposed the bail, but the court, after hearing both sides, found the circumstances sufficient to grant bail. The court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge‑II, Nawada.
Issues considered
- Whether the petitioner is entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor complied with Section 105 of the BNSS.
- Whether joint possession without conscious possession can attract liability under the Act.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- joint possession
- seizure procedure
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16050 of 2026
Arising Out of PS. Case No.-479 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Md. Amanullah @ Rinku S/o Md. Sajjad R/o Village - Paharpur, P.S -
Kawakole, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, 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 Act.
3. The case of the prosecution is that from the joint
house of the petitioner, altogether 540 liters of country made
liquor and 11.625 liters of foreign liquor were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from the conscious possession of the petitioner. The
recovery has been made from the joint possession. He has been
falsely implicated in this case. He has no knowledge regarding
Patna High Court CR. MISC. No.16050 of 2026(2) dt.13-03-2026
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the alleged recovery. The witnesses of the seizure list are police
personnel and police has not complied Section 105 of BNSS
while preparing seizure. Moreover, he is languishing in judicial
custody since 01.12.2025 having no criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail..
6. Having heard learned counsel for the parties and
considering the 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
Kawakole P.S. Case No. 479 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 Exclusive Special Excise
Judge-II, Nawada.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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