Patna High Court
Murtuja Mahamad @ Murtuja MohamadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioners subject to a bond and specified conditions.
Summary
The petitioners, Murtuja Mahamad and Gayanchand Kumar, were arrested on 11 March 2026 in connection with a case involving the alleged possession of 60 litres of country‑made liquor, alleged under Section 30(a) of the Bihar Prohibition & Excise Act. They contended that they were not the owners of the scooty from which the liquor was seized, that one of them has a clean antecedent and the other already has bail in a similar case, and that the investigation violated Sections 103 and 105 of the BNSS, 2023. The State opposed the bail application. The Court, noting the alleged procedural lapses and the petitioners’ circumstances, ordered their release on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Special Judge Excise‑1, Saran. The Court emphasized that the bail bond should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants the grant of bail.
- Whether the petitioners are the owners of the vehicle from which the liquor was seized and thus liable for the offence.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- Bihar Prohibition & Excise Act
- BNSS 2023
- country made liquor
- seizure
- criminal antecedent
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23699 of 2026
Arising Out of PS. Case No.-95 Year-2026 Thana- BHELDI District- Saran
======================================================
1. Murtuja Mahamad @ Murtuja Mohamad S/o- Imamudin R/v- Pudulpur Ps-
Derni Dist- Saran
2. Gayanchand Kumar S/o- Sitaram Manjhi R/v- Pathara Ps- Derni Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand, Advocate
For the State : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Ms. Shweta Anand, learned counsel for the
petitioners and Mr. Mohammed Arif, learned APP for the State.
2. Petitioners seek bail, who are in custody since
11.03.2026, in connection with Bheldi P.S. Case No. 95 of 2026,
F.I.R. dated 10.03.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 60 litres of country made liquor.
4. Learned counsel for the petitioners submits that the
petitioner no. 1 having clean antecedent and petitioner no. 2
carries one more case of similar nature other than the present one
in which he is on bail and they have been falsely implicated in the
present case. She further submits that from perusal of the F.I.R. it
appears that altogether 60 litres of country made liquor was
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recovered from the scooty in question and petitioners are not the
owner of the scooty in question. He further submits that from
perusal of the seizure list it appears that there is non-compliance
of Sections 103 and 105 of BNSS, 2023 and the petitioners are in
custody since 11.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and 105
of the BNSS, 2023, let the petitioners, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Special Judge Excise-1, Saran at Chapra in
connection with Bheldi P.S. Case No. 95 of 2026, subject to the
following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
Patna High Court CR. MISC. No.23699 of 2026(2) dt.08-04-2026
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cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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