Patna High Court
Tahsil Munnavar @ Tahsin Munnavar @ Md Tahseen Manauwar @ Tahsir MunwwarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner sought regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 100 litres of country-made liquor was seized from a bike. The petitioner claimed innocence, stating he was neither the owner nor driver of the vehicle and that no contraband was found in his possession. He also alleged procedural irregularities, noting that the police did not comply with Section 105 of the B.N.S.S. during the seizure, and highlighted his lack of prior criminal record while he had been in judicial custody since 8 January 2026. The State opposed the bail application. After hearing both sides, the court found merit in the petitioner's arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail decision.
- Whether the petitioner’s lack of criminal antecedent and the circumstances of his custody justify granting bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- procedural lapse
- police seizure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28215 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- MUFFASIL District- Aurangabad
======================================================
Tahsil Munnavar @ Tahsin Munnavar @ Md Tahseen Manauwar @ Tahsir
Munwwar, S/o Sayeed Ansari @ Sahid Ansari @ Shahid Ansari, R/o vill -
Islampur, Post and P.S.- Madanpur, Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Gaurav, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from a
bike, altogether 100 liters of country made liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is neither owner nor the
driver of the said vehicle. Nothing has been recovered from his
possession. It has further been submitted that the witnesses of
Patna High Court CR. MISC. No.28215 of 2026(2) dt.04-05-2026
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the seizure list are police personnel. Police has not complied
Section 105 of the B.N.S.S. while making the seizure.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 08.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Muffasil P.S. Case No. 12 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-cum-Exclusive Special Judge, Excise Court No.
1, Aurangabad.
(Ashok Kumar Pandey, J)
lata/-
U T
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