Patna High Court
Momtaj Khan @ Mumtaj Khan @ Mumtaj Anasari @ Md. Momtaz KhanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant regular bail, dismissing the bail applications.
Summary
The petitioners, Sumant Kumar and Momtaj Khan, applied for regular bail in a case registered under PS No. 33/2026 for alleged offences under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Amendment Act, involving the recovery of 640 litres of illicit spirit from a vehicle. The prosecution alleged that the spirits were being transported illegally, while the petitioners claimed false implication, noting that Sumant Kumar has four prior convictions and Momtaj Khan has a clean record. Both petitioners have been in custody since early February 2026 and pledged to cooperate with the trial. The State, represented by Additional Public Prosecutors, opposed bail. The court, weighing the large quantity of contraband and the seriousness of the offences, declined to grant bail, dismissing the applications.
Issues considered
- Whether regular bail should be granted to the accused persons under Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Amendment Act in view of the large quantity of illicit spirit recovered and the petitioners' antecedents.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 34, 36
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23957 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- DEV District- Aurangabad
======================================================
Sumant Kumar @ Mahakal S/o Shivendra Singh R/o Village- Chaukhara,
P.S.- Kutumba, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 26429 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- DEV District- Aurangabad
======================================================
Momtaj Khan @ Mumtaj Khan @ Mumtaj Anasari @ Md. Momtaz Khan Son
of Ibrar Khan R/O Vill.- Mahadev Chaaran, P.S.- Mali, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 23957 of 2026)
For the Petitioner/s : Ms.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
(In CRIMINAL MISCELLANEOUS No. 26429 of 2026)
For the Petitioner/s : Mr.Ashok Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 01-07-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with Deo
P.S. Case No. 33/2026 registered for the offences punishable
under Sections 30(a), 34 and 36 of Bihar Prohibition and Excise
Amendment Act.
Patna High Court CR. MISC. No.23957 of 2026(4) dt.01-07-2026
2/2
3. As per the prosecution case, the recovery is of 640
litres of spirit from a vehicle.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in the case. The names
of the petitioners have surfaced in the transportation of spirit.
Learned counsel further submits that petitioner namely, Sumant
Kumar has four criminal antecedents and petitioner namely,
Momtaj Khan has clean antecedent and they are in custody since
06.02.2026 and 05.02.2026. The petitioners undertake to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioners.
6. Considering the huge recovery, this Court is not
inclined to grant bail to the petitioners.
7. Accordingly, these applications stand dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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