Patna High Court

M.R. MustafaversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The petitioner was not deemed to be in conscious possession of the illicit liquor and was therefore granted bail.

Summary

M.R. Mustafa was arrested in connection with a case involving the illegal manufacture and trade of illicit liquor, for which he was charged under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 9 December 2025 and argued that he was only the owner of the vehicle from which the liquor was recovered and had no knowledge of the contraband. The State opposed bail, but the court observed that the recovery did not prima facie show his conscious possession and that his prolonged detention warranted relief. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. Section 437(3) and B.N.S.S. Section 480(3). The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

Whether the petitioner is entitled to bail despite being named in the FIR for offences under IPC Sections 272, 273 and the Bihar Prohibition and Excise Act.
Whether ownership of the vehicle from which illicit liquor was recovered suffices to deny bail.
Whether the period of custody and lack of evidence of conscious possession justify granting bail.

Legislation cited

B.N.S.S. — s. 480(3)
Code of Criminal Procedure, 1973 — s. 437(3)
Indian Penal Code — s. 272, 273

Subjects

bail
illicit liquor
IPC 272
IPC 273
Bihar Prohibition and Excise Act
vehicle ownership
Cr.P.C. 437
B.N.S.S. 480
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3005 of 2026
                         Arising Out of PS. Case No.-48 Year-2022 Thana- RAUTA District- Purnia
                 ======================================================
                 M.R. Mustafa S/O Late Md. Suleman Resident of Prem Nagar, ward no. 14,
                 Hayatpur, Post- Chandradehi, P.S.- Araria, District- Araria

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Fazle Karim
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER


2   12-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with Rauta

                   P.S. Case No. 48 of 2022 registered for the offences under

                   Sections 272 and 273 of the IPC and Section 30 (a) of the

                   Bihar Prohibition and Excise Act.

                                3. The petitioner is named in the F.I.R. and is in

                   custody since 09.12.2025.

                                4. The allegation against the petitioner is to be

                   engage in illegal trading/manufacturing of illicit liquor, where,

                   there is recovery of 181.995 litres of IMFL/country made

                   liquor.
Patna High Court CR. MISC. No.3005 of 2026(2) dt.12-02-2026
                                            2/3




                       5. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner implicated with the

          present case only being the owner of the vehicle from where

          illicit liquor was recovered. It is submitted that nothing

          transpired during the course of investigation, which may

          suggest that petitioner was under knowledge qua carrying

          consignment of illicit liquor. While concluding the argument it

          is submitted that petitioner is a man of clean antecedent and

          moreover, investigation has been completed, for which,

          charge-sheet has been submitted, as such, there is no chance

          of tampering with the evidence.

                       6. Learned APP, opposes the prayer for bail.

                       7. In view of the facts and circumstances as

          mentioned above as recovery of illicit liquor prima-facie not

          appears to be made from the conscious physical possession of

          this petitioner, where implication appears only being owner of

          the vehicle which found carrying illict liquor, coupled with the

          fact as petitioner remains in custody since 09.12.2025,

          accordingly, petitioner, above named, is directed to be

          released on bail in connection with Rauta P.S. Case No. 48 of
               Patna High Court CR. MISC. No.3005 of 2026(2) dt.12-02-2026
                                                           3/3




                         2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Exclusive Special Judge (Excise-02),

                         Purnea/concerned court, subject to the conditions as

                         mentioned under Section 437(3) of the Cr.P.C./Section

                         480(3) of the B.N.S.S.


                                                                 (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T

Continue reading with your account

Checking your session…