Patna High Court
Md. MohidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted bail to the petitioners, directing them to furnish a bond of Rs. 10,000 each with two sureties.
Summary
The petitioners, Md. Mohid and Md. Islam, were arrested on 27 January 2026 after 433.330 litres of illicit foreign liquor were seized from two vehicles in Araria. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, and remained in custody pending trial. The petitioners argued that they were merely gratuitous passengers, that the first petitioner had no prior record and the second had only one similar case for which he was already on bail. The State opposed the bail application, contending the seriousness of the offence. Considering the circumstances, the Court ordered that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to the satisfaction of the Exclusive Special Judge, Excise‑I, Araria.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19669 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- R S P.S. District- Araria
======================================================
1. Md. Mohid Son of Late Jabul @ Zaimul Ansari Resident of Village- Rampur
Ward no. 10, P.S -Forbesanj, Dist- Araria,
2. Md. Islam @ Islam Son of Late kamil @ kamrul Resident of Village-
Rampur Ward no. 10, P.S -Forbesanj, Dist- Araria,
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Bhagat
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners are seeking bail in connection with
R.S.P.S. Case No. 16 of 2026, registered for the offence under
Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. Allegedly, from two vehicles, 433.330 liters of
illicit foreign liquor was recovered. The petitioners were found
seated in the vehicle and were arrested from the spot.
4. Learned counsel appearing for the petitioners
submits that the petitioners are in custody since 27.01.2026 and
that petitioner No.1 has got no criminal antecedents, however,
petitioner No.2 has got one criminal antecedent of similar
nature, but he is on bail in that case. There is no compliance of
Patna High Court CR. MISC. No.19669 of 2026(2) dt.25-03-2026
2/2
105 BNSS and petitioners were gratuitous passenger in the
vehicle.
5. Learned A.P.P. for the State, vehemently, opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise-I, Araira, in connection
with R.S. P.S. Case No. 16 of 2026.
(Praveen Kumar, J)
Pawan/-
U T
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