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Patna High Court

Md. MamalatversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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