Patna High Court
Md. MamalatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Md. Mamalat, was arrested after 205.560 litres of illicit foreign liquor were seized from his vehicle in a case under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He applied for regular bail, claiming he was not in conscious possession of the liquor and that the seizure was not conducted in accordance with Section 105 of the BNSS. The petitioner also argued that he was merely the vehicle owner and that his prior criminal record was of a different nature. The State opposed the bail application. Considering the circumstances, the court granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Judge Excise‑I, Purnea.
Issues considered
- Whether bail should be granted to the accused in a case under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the seizure of the liquor complied with the mandatory provisions of Section 105 of the BNSS.
- Whether ownership of the vehicle, without conscious possession, is sufficient ground for bail.
- Effect of the petitioner’s prior criminal antecedent on the bail decision.
Legislation cited
- Bihar Narcotic Substances Act (BNSS) — s. 105
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- seizure
- Section 105
- criminal antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30154 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Md. Mamalat S/o Md. Amjad @ Amjad Ali R/o vill - Kamalpur, ward no. 12,
Thana- Jalalgarh, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-05-2026 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 (Amendment) Act.
3. The case of the prosecution, in brief, is that
altogether 205.560 litres of illicit foreign liquor were recovered
from the vehicle of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that
nothing has been recovered from the conscious possession of
the petitioner. It is further submitted that the seizure list
witnesses are police personnel and the police did not comply
Patna High Court CR. MISC. No.30154 of 2026(2) dt.07-05-2026
2/2
with the mandatory provisions of Section 105 of the BNSS
while effecting the seizure. Learned counsel further submits that
the petitioner is merely the owner of the vehicle. The petitioner
is stated to have criminal antecedent i.e. of different nature.
Moreover, the petitioner is languishing in judicial custody since
25.03.2026
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid 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 Jalalgarh P.S. Case No. 257 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge Excise-I, Purnea.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.