Patna High Court
Mojahid @ Mohammad MojahidversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner on condition of a Rs.5,000 bond and two sureties.
Summary
Mojahid, a resident of Pathraha village, was arrested in connection with the alleged recovery of 75 litres of liquor from a maize field and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amended), 2022. He applied for bail, asserting a clean antecedent, lack of possession of the liquor, and that the alleged recovery occurred on land not owned by him and accessible to villagers. The prosecution opposed bail, but the court noted the absence of any material linking the petitioner to the contraband and his willingness to cooperate with the trial. Considering these factors, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of equal amount. The bail order was directed to be complied with before the trial court handling the case.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (Amended), 2022.
- Whether the petitioner is likely to abscond or tamper with evidence.
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28510 of 2026
Arising Out of PS. Case No.-14 Year-2024 Thana- GHURNA District- Araria
======================================================
Mojahid @ Mohammad Mojahid S/o Azim @ Mohammad Azim Resident of
village - Pathraha ward no. 17, P.S - Ghurna, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana
For the Opposite Party/s : Ms. Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Dr. Indiwar Kumari, who argued virtually.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act, 2016 (Amended), 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 75 litres of liquor from a maize field. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner and is accessible to villagers at large and he came to
be implicated at the instance of local person but then the name
of the person who disclosed the name of the petitioner is not
Patna High Court CR. MISC. No.28510 of 2026(2) dt.24-04-2026
2/2
disclosed in the FIR which casts an aspersion on the case of the
prosecution. It is next submitted that petitioner is in custody
since 14.03.2026. It is also submitted that if privilege of bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Ghurna
P.S. Case No.14/2024.
(Satyavrat Verma, J)
amit/-
U T
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