Created by Fuzzy Cloud

Patna High Court

MUMTAZ MIYAN @ MUMTAJ MIYANversusTHE STATE OF BIHAR

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified monetary and attendance conditions and verification of antecedents.

Summary

Mumtaz Miyan was arrested after 80 litres of illicit liquor were recovered from his motorcycle, and he was charged under Sections 274, 275, 317(2) and 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner, claiming innocence and a clean record, applied for bail, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Patna High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties, deposit Rs.25,000 with the Ramakrishna Mission Sevashrama, attend the Bhangaha Police Station every Sunday, and have his antecedents verified. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be accepted only after verification of the charitable receipt and the petitioner’s antecedents.

Issues considered

  • Whether bail should be granted to the accused in offences under Sections 274, 275, 317(2), 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
  • What conditions may be imposed on bail in such offences.
  • Whether the petitioner’s clean antecedent and willingness to make a charitable donation affect the bail decision.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise law
  • criminal procedure
  • conditions of bail
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20011 of 2026
                   Arising Out of PS. Case No.-148 Year-2025 Thana- INARWA District- West Champaran
                 ======================================================
                 Mumtaz Miyan @ Mumtaj Miyan S/O Ghur miyan @ Khur Miyan Resident
                 of village- Suryapur, P.S.- Bhangaha, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Sujeet Kumar, Advocate
                 For the State           :        Mr.Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Inarwa

                   P.S. Case No. 148 of 2025 registered for the offence under

                   Sections 274, 275, 317(2) and 317(5) of the Bharatiya Nyaya

                   Sanhita and Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                 3. The recovery is of 80 liters of illicit liquor from the

                   motorcycle.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 30.11.2025. He

                   further submits that the petitioner has clean antecedents.

                                  5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.20011 of 2026(2) dt.01-04-2026
                                            2/3




          organization without accepting his guilt.

                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Special Judge

          Excise-IInd, Bettiah, West Champaran/ concerned Court below

          in connection with Inarwa P.S. Case No. 148 of 2025.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Sevashrama, Swami Vivekananda Path,

          Bela, Muzaffarpur, Bihar and produce the receipt of the same

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Bhangaha Police Station, District-West Champaran on every

          Sunday of the month. Any default in appearance at the police

          station will result in cancellation of bail bonds of the petitioner.
           Patna High Court CR. MISC. No.20011 of 2026(2) dt.01-04-2026
                                                       3/3




                                  10. As the petitioner claims to have clean antecedent,

                     the Court below, before accepting the bail bonds of the

                     petitioner is directed to verify the antecedent of the petitioner. If

                     the petitioner is found to be involved in any other case then the

                     bail bonds of the petitioner shall not be accepted.

                                  11. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.