Patna High Court
MD. MAJID ISLAMversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Majid Islam, the owner of a truck from which 767.558 litres of illicit foreign liquor was seized, applied for regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He contended that he had no knowledge of the liquor, was not in possession of it, and that the police seizure violated Section 105 of the B.N.S.S. He also highlighted his clean record and that he had been in judicial custody since 29 January 2026. The State opposed the bail application. After hearing both sides, the Patna High Court found merit in the petitioner's claims and ordered his release on bail, subject to a bond of Rs.10,000 with two sureties and the satisfaction of the Exclusive Special Excise Judge‑II, Khagaria.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure of the liquor complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioner’s lack of knowledge and clean antecedents justify granting bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure
- Section 30(a)
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18176 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
Md. Majid Islam, Son of Md. Sharifuddin, Resident of Matigarha Bajar, P.S.-
Matigarha, District - Darjlieling (West Bengal).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ankita Singh, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-04-2026 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 a
truck, altogether 767.558 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is merely the owner of
the truck which was being driven by the driver. He was having
no knowledge regarding the alleged liquor. Nothing has been
recovered from his possession. It has further been submitted that
Patna High Court CR. MISC. No.18176 of 2026(3) dt.16-04-2026
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the witnesses of the seizure list are police personnel. Police has
not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioner is having no criminal antecedent and he is
languishing in judicial custody since 29.01.2026.
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
Maheshkhunt P.S. Case No. 15 of 2026 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, Khagaria.
(Ashok Kumar Pandey, J)
lata/-
U T
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