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Patna High Court

Md. Amanullah @ RinkuversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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