Patna High Court
Mahammad Ali @ Md AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner, subject to conditions, as the alleged seizure was deemed to have occurred before he owned the vehicle and the search was challenged under Section 105 of the BNSS.
Summary
The petitioner, Mahammad Ali, sought anticipatory bail in connection with an excise case (No. 733 of 2024) alleging possession of 276.48 litres of illicit foreign liquor in a vehicle he owned. He contended that he became the owner of the vehicle only on 14 May 2025, whereas the alleged seizure occurred on 19 November 2024, and thus he neither owned nor controlled the vehicle at the time. He further argued that the search and seizure violated Section 105 of the Bihar Negotiable Securities Act (BNSS), making anticipatory bail appropriate. The State opposed the bail, asserting the petitioner’s liability. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the BNSS, provided the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail is available to the petitioner given the alleged offence under the Bihar Prohibition & Excise Amendment Act, 2016.
- Whether the petitioner’s lack of ownership and control of the vehicle at the time of seizure negates liability.
- Whether the search and seizure violated Section 105 of the BNSS, justifying anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 105, 482(2)
- Bihar Prohibition & Excise (Amendment) Act, 2016 — s. 30(a), 32(3)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- ownership of vehicle
- search and seizure
- Section 105 BNSS
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19541 of 2026
Arising Out of PS. Case No.-733 Year-2024 Thana- Excise P.S. District- Siwan
======================================================
Mahammad Ali @ Md Ali S/o Late Sagir Ali @ Sagir Sai Resident of village-
Baghauni, P.s.- Hussainganj, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner is apprehending his arrest in a case
in connection with Excise Siwan P.S. Case No. 733 of 2024,
registered for the offences punishable under Section 30(a) and
32(3) of the Bihar Prohibition & Excise Amendment Act 2016.
3. As per the allegation, from a car, altogether 276.480
liters of illicit foreign liquor was recovered. Petitioner has been
made accused being the owner of the vehicle.
4. Learned counsel for the petitioner has submitted
that the petitioner became owner of the vehicle on 14.05.2025
and the alleged occurrence took place on 19.11.2024. It has been
submitted that the petitioner was not the owner of the vehicle at
that point of time, even if, the allegation is accepted to be true,
Patna High Court CR. MISC. No.19541 of 2026(3) dt.18-05-2026
2/2
the vehicle in question was not under the control of the
petitioner when it was seized with the illicit liquor. It has further
been submitted that the search and seizure is in violation of
Section 105 of the B.N.S.S. and in such circumstances, the
application for anticipatory bail would be maintainable with
respect to the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Court
Excise II, Siwan, in connection with Excise Siwan P.S. Case No.
733 of 2024, subject to satisfaction of the conditions as laid
down under Section 482(2) of the BNSS.
(Praveen Kumar, J)
Pawan/-
U T
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